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1. The law not only stipulates the legitimate rights and interests of citizens, but also stipulates the obligations of citizens, so the scope of the law is larger than the rights and interests of citizens.
2. The law is a tool to protect citizens' rights and interests, but it is not the only tool.
3. The law clarifies the rights of citizens. The exercise of citizens' rights is then premised on legal guarantees.
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Legal Analysis: The Relationship between Citizens and the Law: 1. The law not only stipulates the legitimate rights and interests of citizens, but also stipulates the obligations of citizens, so the scope of the law is larger than the rights and interests of citizens.
2. The law is a tool to protect citizens' rights and interests, but it is not the only tool. 3. The law clarifies the rights of citizens. The exercise of citizens' rights is then premised on legal guarantees.
Legal basis: Anti-Foreign Sanctions Law of the People's Republic of China
Article 1: This Law is formulated on the basis of the Constitution so as to preserve national sovereignty, security, and development interests, and to protect the lawful rights and interests of our country's citizens and organizations.
Article 3 The People's Republic of China opposes hegemonism and power politics and opposes any country's interference in China's internal affairs under any pretext or in any way. Where a foreign country violates international law and basic norms governing international relations, uses various pretexts or in accordance with its own laws to contain or suppress China, adopts discriminatory restrictive measures against its citizens and organizations, or interferes in China's internal affairs, China has the right to take corresponding countermeasures.
Article 12: No organization or individual may enforce or assist in enforcing discriminatory restrictive measures adopted by foreign states against our country's citizens or organizations. Where organizations and individuals violate the provisions of the preceding paragraph and infringe upon the lawful rights and interests of our nation's citizens or organizations, our nation's citizens or organizations may lawfully file a lawsuit in the people's courts, demanding that they stop the infringement and compensate for losses.
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Legal Analysis: The Relationship between Citizens and the Law: 1. The law not only stipulates the legitimate rights and interests of citizens, but also regulates the obligations of citizens, so the scope of the law is larger than the rights and interests of citizens.
2. The law is a tool to protect the rights and interests of citizens, but it is not a tool that only imitates dates. 3. The law clarifies the rights of citizens, and the exercise of citizens' rights is premised on the protection of the law. Legal basis:
Article 33 of the Constitution of the People's Republic of China stipulates that all citizens of the People's Republic of China are quietly 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.
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Article 5 of the Constitution of the People's Republic of China The Chinese People's Republic of China shall govern the country according to law and build a model socialist country under the rule of law. The state upholds the unity and dignity of the socialist legal system. All laws, administrative regulations, and local 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 of the regimental army. 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.
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The relationship between law and human rights is as follows:
The role of human rights in the law. Human rights are the purpose and source of law. On the one hand, all the productive activities of human society, the various factors in the superstructure, and all forms of ideology should be for the existence, progress, and development of a society composed of human beings.
Only in the sense of society as a whole, the improvement of material production, the improvement of the natural environment, the prosperity and development of literature and art, and the establishment of a fine political system can it be possible to talk about the realization of human rights, and the specific human rights of people are respected and guaranteed. Human rights are therefore naturally the object of the law; On the other hand, with the development of society, the progress of science and technology, and the further deepening of human understanding of the environment and themselves, some new social relations that need to be adjusted by law will emerge in large numbers, and the social relations that have already been adjusted by law are also changing, so human rights are the source of legal development.
The role of law in relation to human rights. The role of law in human rights is mainly reflected in the recognition and protection of the realization of human rights. Without legal recognition, proclamation and protection of human rights, human rights either remain in the proper state of moral rights, or they are often in danger of being violated without remedy.
The legal protection of human rights is the most direct means of guaranteeing the realization of human rights. The legal protection of human rights can be divided into two levels: theirs.
First, it is the protection of human rights under domestic law. This type of protection has significant advantages over other means of protection. First, it sets general standards for the protection of human rights, thus avoiding the randomness and conflict of other means of protection (e.g., policy); Second, the legal protection of human rights is backed by the coercive power of the state, so it is compulsory, authoritative and universally effective.
That. Second, it is the protection of human rights under international law. Since the Second World War, human rights issues have ceased to be "domestic issues" in the sense of the word. In the final analysis, the realization of human rights should be based on equal cooperation and harmonious coexistence among all countries in the world.
At the international level, international standards for human rights should be defined and embodied through international conventions; The realization of international human rights cannot be achieved without the support and guarantee of international law.
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The law is in the service of human rights, and human rights are upheld by the law.
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Complement each other, you can consult textbooks, or you can write your own **,
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Because human rights are to be consolidated, laws must be enacted to protect them.
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(1) Guiding role.
The guiding role of the law refers to the role of the law in providing people with an established pattern of behavior, so as to guide people's activities within the scope of the law. The guiding role is the primary role of the law. The primary purpose of the law is not to sanction illegal acts, but to guide people to behave correctly and participate in social life legally.
2) ** role.
The first role of the law refers to the fact that the law, through its provisions, informs people of the nature of a certain behavior, affirmed or denied by the law and the legal consequences it causes, so that people can estimate in advance the consequences of their own behavior, as well as the tendency and consequences of others' behavior.
3) Evaluation role.
The evaluative role of law refers to the role of law in evaluating the legal significance of people's behavior. The criterion for legal evaluation is legal and illegal. The behavioral evaluation criteria include law, morality, discipline, etc., which can be applied at the same time.
However, it should be noted that legal evaluation cannot be used to replace moral evaluation and disciplinary evaluation, nor can moral evaluation and disciplinary evaluation be used to replace legal evaluation.
4) Coercive effect.
The coercive role of the law refers to the role of the law in using the coercive power of the state to punish violations of the law and crimes, and to ensure that it can be implemented. The coercive effect of the law is the guarantee of the other functions of the law. Without the coercive effect, the guiding role of the law will be reduced, the leading role will be doubted, the evaluative role will be meaningless to a large extent, and the effectiveness of the educational role will be seriously affected.
5) Educational role.
The educational role of law refers to the role of law in influencing people's thinking, cultivating and improving people's awareness of the law, and guiding people to act in accordance with the law through its regulation and implementation.
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It has played the role of regulation and constraint.
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Protective, of course, anything sometimes has ***.
I think there is a certain connection, and when the spiritual and material civilization of society develops to a certain extent, the law will also develop with it, and of course the law is a part of the social civilization.
Law and morality are mutually reinforcing. Morality provides guidance to the law, and law is a manifestation of morality. However, there is a difference between the two, they are not the same in scope, breaking the law does not necessarily violate the moral bottom line, and if there is a problem with moral thinking, it does not necessarily violate the law.
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