The three basic principles of law, what are the basic principles of law

The three basic principles of criminal law are the principle of legality of crimes, the principle of proportionality of criminal responsibility, and the principle of equality before the law.

1.The principle of legality: it is not a crime unless there is an express provision in the law, and there is no punishment unless there is an express provision in the law.

2.The principle of proportionality of responsibility: the severity of the punishment should be commensurate with the severity of the crime.

3.The principle of equality before the law: The basic meaning is that everyone who commits a crime is equal in the application of the law. No one is allowed to have privileges beyond the law. The legitimate rights and interests of all persons must be equally protected, and no discrimination of any kind is allowed.

1. What are the basic principles of law?

1. The basic principles of the law are as follows:

1) the principle of equality;

2) the principle of voluntariness;

3) the principle of fairness;

4) the principle of good faith;

5) Green Principles;

6) The principle of public order and good morals.

Law is a system of norms enacted or approved by the state and guaranteed by the coercive power of the state, reflecting the will of the ruling class determined by specific material conditions of life.

2. Legal basis: Article 4 of the Civil Code of the People's Republic of China.

The legal status of civil subjects 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.

Article 6: Civil entities engaging in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties.

Article 7. Civil entities engaging in civil activities shall follow the principle of creditworthiness, uphold honesty, and abide by their commitments.

Article 8: Civil entities engaging in civil activities must not violate the law and must not violate public order and good customs.

Article 9: Civil entities engaging in civil activities shall be conducive to conserving resources and protecting the ecological environment.

Article 10: The handling of civil disputes shall be in accordance with law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

2. What is the role of the law?

Legal principles play an important role in three areas:

1. Legal principles directly determine the basic nature, content and value orientation of the legal system. Legal principles are the most concentrated embodiment of the spirit of law;

2. Legal principles are an important guarantee for the harmony and unity within the legal system;

3. Legal principles play a guiding role in legal reform.

1) Based on facts and based on the law. Judicial organs can only handle all cases of transportation and travel on the basis of objective facts, and cannot be based on subjective assumptions; It can only be based on national laws as standards and yardsticks. No separate standards should be allowed.

2) All citizens are equal before the law. In our country, the law is uniformly applied to all citizens; All citizens, regardless of ethnicity, gender, occupation, age, education level, religious belief, education level, property status, and period of residence, enjoy the same rights and assume equal obligations in accordance with the law. There can be no privilege above the law before the law.

There are principles of law and principles of justice.

Legal principles refer to the guiding principles and norms of legal activities that reflect a certain content of the law.

The details are as follows: 1. Legal principles directly determine the basic nature, content and value orientation of the legal system, and legal principles are the most concentrated embodiment of the spirit of law, thus constituting the theoretical basis of the entire legal system;

2. Legal principles are an important guarantee for the harmony and unity within the legal system;

3. Legal principles play a guiding role in legal reform.

4. Legal principles are the basis for determining the reasonable scope of the exercise of discretion. It can prevent the undesirable consequences of the application of unreasonable rules.

Article 87 of the Legislation Law of the People's Republic of China: The Constitution has the highest legal effect, and all laws, administrative regulations, local regulations, autonomous regulations, and special regulations and rules must not contradict the Constitution.

Article 95: Where there are inconsistencies between local regulations and rules, the relevant organs are to make a ruling in accordance with the authority provided below:

1) Where new general provisions formulated by the same organ are inconsistent with the old special provisions, the formulating organ shall make a ruling;

2) When there is an inconsistency between the provisions of local regulations and departmental rules on the same matter, and it is not possible to determine how to apply them, *** is to submit an opinion, and where *** finds that local regulations should be applied, a decision shall be made to apply the provisions of the local regulations in that place; where it is found that departmental rules should be applied, it shall be submitted to the Standing Committee of the National People's Congress for a ruling;

3) When there is an inconsistency between departmental rules or between departmental rules and local ** rules on the same matter, it shall be adjudicated by ***.

Where regulations enacted on the basis of authorization are inconsistent with the provisions of the law, and it is not possible to determine how to apply them, the Standing Committee of the National People's Congress shall make a ruling.

Article 96: In any of the following circumstances, laws, administrative regulations, local regulations, autonomous regulations, special regulations, or rules are to be modified or revoked by the relevant organs in accordance with the authority provided for in article 97 of this Law:

1) Exceeding authority;

2) The lower law violates the provisions of the higher law;

3) The provisions on the same matter are inconsistent between the rules, and the provisions of one party shall be changed or revoked upon ruling;

4) The provisions of the rules are found to be inappropriate and shall be changed or revoked;

5) Violating legally-prescribed procedures.

Legal basis: Legislation Law of the People's Republic of China

Article 83: Where special provisions of laws, administrative regulations, local regulations, autonomous regulations, and special regulations or rules formulated by the same organ are inconsistent with ordinary provisions, the special provisions apply.

The basic principle of China's constitution is that the People's Republic of China shall govern the country according to law and build a 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 and armed forces, all political parties, all social organizations, and all 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.

The basis of the socialist economic system of the People's Republic of China is the socialist public ownership of the means of production, that is, the ownership of the whole people and the collective ownership of the working masses. Socialist public ownership abolishes the system of exploitation of man by man, and implements the principle of each according to his ability and distribution according to his work.

In the initial stage of socialism, the State adheres to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership, and adheres to the distribution system in which distribution according to work is the mainstay and multiple forms of distribution coexist.

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 and armed forces, all political parties, all social organizations, and all 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.

Article 6 stipulates that the basis of the socialist economic system of the People's Republic of China is the socialist public ownership of the means of production, that is, the ownership of the whole people and the collective ownership of the working masses. Socialist public ownership abolishes the system of exploitation of man by man, and implements the principle of each according to his ability and distribution according to his work.

In the initial stage of socialism, the state adhered to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership, and the distribution system with distribution according to work as the mainstay and the coexistence of various forms of distribution.

1. What are the four basic principles of the application of law?

1. The four basic principles of the application of law are as follows:

1) Based on facts and based on the law.

2) All citizens are equal before the law.

3) The judicial organs exercise their functions and powers independently in accordance with the law;

4) Seek truth from facts, and correct mistakes.

2. Legal basis: Article 7 of the Civil Procedure Law of the People's Republic of China.

People's courts hearing civil cases must be based on facts and the law as the criterion.

Article 8: Parties to civil litigation have equal procedural rights. People's courts hearing civil cases shall safeguard and facilitate the parties' exercise of procedural rights, and treat all parties equally in the application of law.

Article 9: People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

Article 10: People's courts hearing civil cases are to implement systems of collegial deliberation, recusal, open trial, and two-instance final adjudication in accordance with legal provisions.

2. What are the characteristics of the application of law.

The characteristics of the application of the law are as follows:

1. Statutory, the handling of specific cases by state organs, whether procedural or substantive, must be strictly in accordance with the provisions of the law;

2. The application of law is authoritative, the activities of state organs, especially judicial organs, are carried out in the name of the state, and once a judicial ruling takes legal effect, any organization or individual must implement it, and it must not be modified or disobeyed without authorization;

3. The application of law is passive, the initiation of the judicial process is always premised on the occurrence of a specific case, and in most cases, judicial activities must be initiated by the litigation behavior of the parties;

4. The application of law is independent, the people's courts independently exercise adjudication power in accordance with law, and the people's procuratorates independently exercise procuratorial power in accordance with law, without interference from administrative organs, social groups, and individual citizens. State administrative organs should also uphold independence and impartiality when handling administrative reconsideration cases.