What are the spiritual principles of modern law

The basic principle of socialist rule of law is to respect and protect human rights.

Human rights are the rights that all human beings should enjoy, and they are the minimum affirmation of human subjectivity, dignity, freedom and interests by the morality and law of modern society. Human rights are based on the rationality, dignity and worth of the human person. Fundamental human rights are the rights that all human beings should have in common, as recognized by the contemporary international community.

The subjective status, dignity, freedom and interests of human beings are declared or recognized as rights not only because they often face the danger of being violated and denied, and they need the support of social morality and the protection of the coercive power of the state, but also because human rights are the yardstick and driving force for the progress of social civilization. Modern law is an institutional arrangement and a coercive force for the protection of human rights. It is human rights that embody the spirit of modern law, and it is the protection of human rights that lays the rational foundation of modern law.

In the era of the new democratic and socialist revolutions, the Communist Party of China led the people to overthrow all exploiting classes and systems and establish a socialist regime in order to fight for and realize human rights. In the era of socialist modernization and comprehensive reform and opening up, with the continuous improvement of China's 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 distribution methods, the trend of pluralism of social interests and the complication of social contradictions is becoming more and more obvious. We should attach great importance to and safeguard the most realistic, most concerned, and most direct interests of the masses, attach great importance to solving the difficult problems faced by the masses in their production and life, shift the focus of our work from adjusting the antagonistic class relations to recognizing and protecting the political, economic, property, and personal relations of social interests, and other relations of rights and obligations, change the concept of valuing political power over civil rights, overcome the idea of "defending against the people," and enhance the awareness of protecting human rights and the ability to govern according to law. At present, in the field of criminal justice, some law enforcement personnel still have the concept of emphasizing the fight against crime and neglecting the protection of human rights, are accustomed to the presumption of guilt, and ignore the human rights protection function of criminal justice. Therefore, we must vigorously promote the concept of attaching equal importance to crackdown and protection, and enhance the awareness of people-oriented and civilized law enforcement.

The rest is also briefly listed:

First, adhering to the organic unity of the party's leadership, the people being the masters of the country, and governing the country according to law is the core and essence of the socialist concept of rule of law;

Second, fairness and justice are the basic value orientation of socialist rule of law;

Third, respecting and protecting human rights is the basic principle of socialist rule of law;

Fourth, the authority of law is the fundamental requirement of the socialist rule of law;

Fifth, supervision and restraint are the internal mechanism of socialist rule of law;

Sixth, freedom and equality are the ideals and yardsticks of the socialist rule of law.

The law is the highest social rule, and to control the law is to control the destiny of mankind. The laws of a socialist country should be made by the people, and the laws of a socialist country should be in the hands of the people. In this way, the purity of the character of the state can be ensured and the effectiveness of reconciling social contradictions.

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. From the perspective of law-making, legal principles play an important role in the following three aspects.

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, and thus constitute the theoretical basis of the entire legal system.

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

3 Legal principles play a guiding role in the reform of the legal system.

2. From the perspective of the implementation of the law, legal principles also play an important role. This effect is mainly manifested in the following three aspects.

1 Guides legal interpretation and legal reasoning.

2. Fill legal loopholes and strengthen the ability of law to regulate and control.

3 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.

3. According to the different bases on which legal principles arise, legal principles can be divided into axiomatic principles and policy principles.

1.The principle of justice, that is, the principle composed of legal principles (jurisprudence), is a legal principle deduced from legal facts, and is a legal principle in the strict sense, such as the principle of legal equality, the principle of good faith, the principle of equivalent compensation, the principle of presumption of innocence, the principle of legality of crimes, etc., which have greater universality in the international scope.

2.Policy principles are some principles formulated by a country or nation out of certain policy considerations, such as the principle of "governing the country according to law and building a socialist country ruled by law" stipulated in the Constitution of our country, the principle of "the state implements a socialist market economy", the principle of "practicing family planning" in the marriage law, and so on. The policy principles are pertinent, national and contemporary.

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

Article 4. The legal status of civil subjects in civil activities is equal.

Legal analysis: The effectiveness of legal principles is generally reflected in six aspects: First, the effect of legal principles is generally embodied in the specific provisions of all Shoubi legal provisions, that is, as long as the legal provisions have legal effect, it means that legal principles are in effect; The second is that when a specific legal rule loses its legal effect, the legal principle still has validity, so that the legal principle can be used to fill the vacuum after the legal rule is invalidated; Third, when there are obvious loopholes in the content of legal rules, legal principles directly produce legal effects by filling in the gaps; Fourth, when there is a conflict between legal norms, the conflict between laws should be coordinated according to the general provisions of legal principles; Fifth, when the content of the legal regulations is ambiguous, the legal principles are used to clarify it; Sixth, when the legal rules do not specifically stipulate the adjustment measures for the relevant social relations.

Legal basis: 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 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 spirit of the law is the pursuit of the sale of the tools of the law. （）

a.The escort is Hu Qu.

b.Mistake. Correct Answer: B

Legal analysis: The People's Republic of China has the knowledge and practice of governing the country according to law, and building a socialist country under the rule of law. The state upholds the unity and dignity of the socialist legal system.

Legal basis: Constitution of the People's Republic of China Article 5 The People's Republic of China implements the rule of law and builds 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, 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.

Legal rights and legal obligations are the basic principles of modern rule of law.

1) Citizens enjoy the rights provided by the Constitution and the law on an equal footing, and equally perform the obligations stipulated by the Constitution and the law, and do not allow the situation of enjoying the rights without performing the obligations or only fulfilling the obligations without enjoying the rights;

2) When the judiciary applies the laws of the judicial bureau to citizens, they shall treat them equally. No citizen has privileges beyond the Constitution and the law. Everyone is equal before the law.

1) A certain content is one's own rights or obligations, relatively speaking, it is the obligations or rights of others, and the rights and obligations of citizens are interdependent and inseparable;

2) A certain internal smile is only an obligation, not a right, but citizens can benefit from the fulfillment of obligations, which is manifested in the complementarity and mutual promotion of rights and obligations, and citizens can enjoy the richness of material life and spiritual life brought by state taxation from their own obligations, and the higher the consciousness of citizens to fulfill their obligations, the more prosperous and powerful the country will be, and the more secure the freedom and rights of citizens; The more the liberties and rights of citizens are guaranteed, the more they will be able to consciously fulfill their obligations. In other words, the fulfillment of citizens' obligations for the state and society is to create conditions for the realization of their rights; The state enables citizens to enjoy the benefits of fulfilling their obligations, and can better promote citizens to consciously fulfill their obligations, and the individual interests of citizens are fundamentally consistent with the interests of the state and the collective.

For example, citizens' right to labor and the right to education are both the rights and obligations of citizens, and in the law, rights and obligations always appear at the same time.

Legal basisArticle 4 of the Civil Code of the People's Republic of China.

Civil activities shall follow the principles of voluntariness, fairness, equivalent compensation, and good faith.