Some people believe that a society with a sound legal system is a society governed by the rule of l

The "legal system" and the "rule of law" are both important contents of the legal culture, and both are products of the development of human civilization to a certain stage. Among them, "legal system" is the abbreviation of the legal system, and "rule of law" is a theory, principle, concept and method of governing society corresponding to "rule by man". In short, the legal system is a social system, which belongs to the artifact level of legal culture; The rule of law is a social consciousness and belongs to the conceptual level of legal culture.

Compared with informal social norms such as township rules and conventions, folk customs, and ethics, the legal system is a formal, relatively stable, and institutionalized social norm.

Article 5 of the Constitution: The People's Republic of China shall govern the country according to law and build a socialist country under the rule of law.

Some people often think that this sentence is very empty, and the more time passes, the more I feel that this sentence is true.

Socialism has always preceded the rule of law, socialism has always been higher than the rule of law, and we want to build a socialist country ruled by law, not a socialist country ruled by law.

Therefore, there is the theory that the law needs to conform to socialism, and the theory that the law should conform to the national conditions, and the theory that the law should be in line with the national conditions, and the theory that the law is asked for small matters, and politics is asked for major matters. Perhaps socialism is collectivism, the doctrine of the minority subordinating to the majority, and the subordination of private power to public power, which is the reality we see now.

Just kidding, don't take it seriously.

I believe that the role of the law is not to restrain people, but to regulate people, and there are sound laws, but the crime rate remains high, and it is not a legal society. The law should be in people's hearts, let people know what can and can't be done, people have the law in their hearts, everyone is self-disciplined, the crime rate is low, and the society is harmonious. That is the real society of the rule of law.

Laws are made by people, and no matter how sound they are, there are loopholes, not to mention that they are only levied on certain people, how can they be legalized?

This requires us to have a historical view of the rule of law.

Objectively speaking, the birth of law is to maintain rule and maintain social order, and the first written law in human history was ancient Babylon.

For the first time, the Code of Hammurabi clearly and clearly defined various relationships in human society, such as debt relations, property relations, and personal dependency relationships, in the form of words.

In 450 B.C., the Roman Republic formulated the "Twelve Bronze Tables" with historical significance, the law was named because the provisions were engraved on the twelve bronze tablets (it is also said that it was engraved on the colored wooden plates), this law was called the ancestor of the "written law" of mankind, it stipulated twelve parts of the law, including trial, summons, inheritance, etc., and for the first time put forward the specific provisions of "Roman citizens' property rights are protected by law", and because of this, the "Twelve Bronze Tables" is called Europe and America Roman law".

And then there was Napoleon.

The Civil Code was enacted at the same time

The French Civil Code has created a precedent for the formulation of civil law in the history of the world, and the previous civil law part was mainly included in other laws, but this time the civil code was listed separately as an independent code, and the formulation of the French Civil Code has given great reference significance to the formulation of the civil code (including China's civil code) in later generations.

As countries entered the industrial age, the philosophical significance of law began to appear, and during the French Enlightenment, a large number of ** about law emerged, such as Rousseau.

Voltaire and Montesquieu.

Among them is Montesquieu's "On the Spirit of Law".

As an important work of legal philosophy, the French Enlightenment scholar Montesquieu clearly pointed out in "On the Spirit of Law" that "the formulation and implementation of laws must be carried out in accordance with the historical and cultural traditions of the country where they are located", that is, the formulation and practice of a country's laws are inextricably linked with the historical and cultural traditions of the country. This is an unprecedented way of interpreting the law, which is why Montesquieu's place in the history of the law chamber of the world is very high.

This view is certainly inappropriate. Here's why.

First of all, a good legal system is the foundation of the rule of law, and if the country or society wants to have a relatively good rule of law and become a society under the rule of law, it is necessary to formulate a good legal system to ensure the smooth implementation of the rule of law system.

Second, a good legal system is only one part of the rule of law. In order to have a sound rule of law, in addition to having a good legal system, it is also necessary to have a good enforcement force, and no matter how good the legal system is, it also needs strong enforcement power to be implemented.

A good legal system is not the same as the rule of law, a good legal system is only one of the prerequisites for the rule of law, and the rule of law must have the popularization of the law and fair law enforcement in addition to perfect laws.

This view is wrong. The "legal omnipotence" theory is incorrect. In addition to the law, morality also plays an important role in our social life.

Socialist morality complements, supports, and promotes the laws of our country. Problems that cannot be solved by morality need to be regulated by law; What is beyond the control of the law must be regulated by morality.

Everything in modern society.

can all be resolved by law.

But it cannot be said that everything can be solved by law.

To put it bluntly, it's the bulk of everything.

can be solved by law.

The law is not omnipotent, there are many ways to resolve contradictions, but the law is the most basic code of conduct for people, beyond the law to act answered, will be punished by the law, as you said, as the injured party to protect the rights of the same to act in accordance with the law, otherwise, take self-help means, to counter violence with violence, the same must be sanctioned, that is the sorrow of society, the sorrow of legal blindness!

Of course, it can just be resource skew and guarantee rules.

Answer: This view is one-sided. To profoundly understand the essence of law, we should apply the Marxist theory of law, pay attention to identifying the essence and phenomenon of law, define the content and form of law, and distinguish between "real" law and "ought" law.

The theory of the essence of law should mainly analyze the following three concepts: (1) the volitional nature and regularity of law. Dharma is a combination of will and law.

Law is first and foremost manifested as a will, that is, law has a volitional nature. Law is the embodiment of the will of the state that holds state power. On the other hand, the volitional nature of the law is by no means arbitrary, but is governed by objective laws.

The ultimate determinant of the content of the law is the objective material living conditions, but the law is not the same as the law, the law is objective, and the law is not completely objective. To put it simply, law is a subjective thing, governed by objective laws; (2) The class nature and commonality of law. On the one hand, law has a class character, and on the other hand, it has a common character, which means that law is the embodiment of the will of the class that dominates politically, economically and culturally, and is a tool for the ruling class to carry out class unification and debate.

Commonality means that the contents, forms, and effects of certain laws are not bounded by class, but have commonality and similarity; (3) The justice and interests of the law. Law and interests are inseparable, and at the same time, the law must not abandon justice, in the sense of what it should be, law is a tool to adjust various interest relations for the realization of social justice, that is, the law takes the adjustment of various social interest relations as the content, and the realization of social justice as the ultimate goal.

How can we be a qualified citizen in a modern society governed by the rule of law (what kind of legal awareness and legal quality should we have as a citizen)?

To be a qualified citizen in a modern society governed by the rule of law, one needs to have a good sense of law and legal quality. To do: respect the law and pursue justice; Exercise rights correctly and consciously fulfill obligations; Exercising their right to supervision.

Don't pretend, okay? We have no citizens, only false representatives.

Summary. Hello dear, your question is as follows: the law should exist only with one faith!

That's awe! Why do you say that? Because only when everyone respects the law in their hearts can they not touch the bottom line of the law in the future code of conduct, do things, and behave within the framework without going out of line!

Fear of the law is not fear of the law, but because of the fear that you have broken the law and affected the people you are supposed to protect! A person who has a heart of awe is a person worthy of respect! Because they are disciplined and honest.

Hello dear, I am helping you inquire about the relevant information and will reply to you immediately.

In a society governed by the rule of law, do you agree that the law exists as ()?

Hello dear, I am helping you inquire about the relevant information and will reply to you immediately.

Hello dear, your question is as follows: the law should exist only with one faith!That's awe!

Why do you say that? Because only when everyone respects the law in their hearts can they not touch the bottom line of the law in the future code of conduct, do things, and behave within the framework without going out of line! Fear of the law is not fear of the law, but because of the fear that you have broken the law and affected the people you are supposed to protect!

A person with a sense of awe is a person worthy of respect! Because they obey the rules, talk about posture, smile, and integrity. Dear, hello, I am helping you inquire about the relevant information, and I will reply to you immediately.