Is it correct that the law does not prohibit it?

In the absence of explicit prohibitions, citizens or legal persons can agree or act on their own. For the business activities of an enterprise, in principle, as long as there is no corresponding law to prohibit it, the enterprise can do it, and in addition, the matters prohibited or restricted by the law, as long as there is no basis for the law, the enterprise cannot do it.

If the law does not prohibit it, it can have the following characteristics:

1. The subject of law is not prohibited, and in the theory of freedom from ancient Greece to modern times, freedom first refers to the freedom of citizens, not the freedom of the state;

2. The content that can be done without prohibition by law is rights, and rights are the qualifications or abilities of citizens to do or not to act according to their own will, and to a certain extent, freedom is a right;

3. The opposite party that can be done without prohibition by the law is power, and the law is the basis for exercising power, and the public power shall not arbitrarily intervene in matters where the law does not prohibit citizens' behavior.

The absence of a prohibition by law is mainly applicable in the field of private law, but in the field of public law, the absence of a prohibition is subject to certain limitations. China's current constitution enumerates the basic rights of citizens, such as personal freedom, freedom of speech, press, assembly, procession, and demonstration. The enumeration of fundamental rights is based on the concept of "no remedy is no right", and the protection of fundamental rights can be strengthened by explicit enumeration.

Although there are restrictions in the field of public law on freedom without prohibition by law, it remains a major legal principle that the right to civil liberties should be protected. Generally speaking, as long as the law does not prohibit it, it is the liberty of citizens. This is conducive to maximizing citizens' rights and is in line with the democratic spirit of a society governed by the rule of law.

Legal basis

Criminal Law of the People's Republic of China

Article 3: [Criminality by Law]Where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with law;Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced. Article 4: [Everyone is equal in the application of the Criminal Law]All persons who commit crimes are equal in the application of the law. No one is allowed to have privileges beyond the law.

Article 5: [Proportionality of Punishment for Crime] The severity of the punishment shall be commensurate with the crime committed by the criminal and the criminal responsibility he bears.

For individuals, it is not prohibited by law.

For enterprises, the law does not allow it.

Legal Analysis: No. The law does not prohibit it, and the law does not prohibit it, this sentence is the original sentence.

If there is no prohibition by law, it can be done, and if there is no authorization by law, it is prohibited. These are two legal proverbs with completely opposite meanings. For private profits, "the law does not prohibit it"; As far as public power is concerned, the law prohibits it without authorization.

Legal basis: Civil Code of the People's Republic of China

Article 4: The legal status of all civil entities in civil activities is equal.

Article 5: Civil entities engaging in civil activities shall follow the principle of voluntariness, and establish, modify, or terminate civil legal relationships in accordance with their own wishes.

***。If there is no prohibition by law, it can be done, and if there is no authorization by law, it is prohibited. These are two legal proverbs with opposite meanings.

On the morning of March 13, 2014, the Second Session of the 12th National People's Congress was successfully concluded. Prime Minister *** mentioned this proverb when he met with Chinese and foreign reporters in the Golden Hall of the Great Hall of the People and asked questions from reporters, and the specific front is: let the market"There is no prohibition on the law, and the silver sun can be stopped"Let**"It cannot be done without authorization from the law"。

As far as private rights are concerned, "nothing prohibited by law can be done"; As far as public power is concerned, the law prohibits it without authorization.

As a citizen, he can not only boldly exercise his rights (freedom if not prohibited by law), but also courageously supervise** (prohibited by law). For **, it is not only necessary to use every power in hand carefully (the law does not prohibit it), but also must respect every right of citizens (the law does not prohibit it). The two are mutually reinforcing.

The law does not prohibit it", the three "for" we talk about are three sentences, one is the first statutory duty Kailiang must be, the second is the law is not authorized to do, and the third is that the common people can do it without prohibition by the law.

Legal basisArticle 33 of the Constitution provides that all persons with the nationality of the People's Republic of China are citizens of the People's Republic of China.

All citizens of the People's Republic of China are equal before the law.

The State respects and protects human rights.

Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.

The people destroy the news, and the law does not prohibit the oak room; It cannot be done without authorization from the law

2. Prohibition without authorization of the law is aimed at public rights: if there is no clear provision in laws and regulations, it is prohibited, for example, if the law does not authorize an administrative organ to have the power of enforcement, the administrative organ cannot exercise the power of enforcement, and the "law of crime" is also a form of prohibition without authorization of the law.

3. Statutory duties refer to the statutory professional content and responsibilities and obligations that administrative entities should undertake in accordance with the provisions or authorizations of laws, administrative regulations, local regulations, autonomous regulations, special regulations and rules to carry out certain administrative management activities consistent with their terms of reference and realize their specific administrative functions.

Legal analysis: If there is no prohibition in the law, it can be for private rights: as long as there is no explicit prohibition in the relevant laws and regulations, citizens or legal persons can agree or act on their own.

Legal basis: Civil Code of the People's Republic of China

Article 4: The legal status of all civil entities in civil activities is equal.

As far as private rights are concerned, it is correct that there is no prohibition in the law. The fact that there is no prohibition in the law means that as long as there is no explicit prohibition in the relevant laws and regulations, citizens or legal persons can agree or act on their own.

Legal basisArticle 5 of the Constitution of the People's Republic of China.

The People's Republic of China governs the country according to law and builds a socialist country ruled by law. The state upholds the unity and dignity of the socialist legal system. All laws, administrative regulations, and local laws and regulations must not contradict the Constitution.

All state organs, armed forces, political parties, social organizations, and enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated. No organization or individual may have privileges that go beyond the Constitution and laws.