What is the validity of a red headed document in the absence of relevant legal provisions?

Updated on society 2024-08-06
10 answers
  1. Anonymous users2024-02-15

    The red-headed documents issued by party and government organs should be in the nature of laws and regulations in terms of specific classification.

    It is legally binding.

    It is valid for all citizens of the jurisdiction or for the natural or legal persons referred to in the document.

    Provided, the document must not contradict the superior law.

    Done, divided.

    Hee-hee......

  2. Anonymous users2024-02-14

    The effect of red-headed documents is greater than that of law, because China is ruled by man, not by law.

  3. Anonymous users2024-02-13

    The red-headed document is bigger than everything and represents the Chinese Communist Party. Everyone must obey.

  4. Anonymous users2024-02-12

    Legal analysis: As long as it does not conflict with the major policies of the local government, and does not violate the current laws and regulations, it is protected by law and has legal effect. Red-headed documents belong to the administrative category and have legal effect in a certain sense, but once they conflict with the law, they should be implemented in accordance with the law.

    When citizens have objections to the legality of red-headed documents, they may file an administrative lawsuit, and the court will hear the legality of the documents.

    Legal basis: Article 145 of the Supreme People's Court's Interpretation of the "Provisions of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China" Where citizens, legal persons, or other groups blindly request a review of the normative documents on which they are based when initiating litigation against an administrative act, the court with jurisdiction over the administrative act case shall review it together.

  5. Anonymous users2024-02-11

    Legal analysis: There are no relevant laws and regulations, and red-headed documents have a certain degree of efficiency, but when faced with the law, red-headed documents must be formulated within the framework of the law; The red-headed document, from the perspective of legal effect, is a departmental rule, which is much lower in effect than the administrative regulation "** Information Disclosure Regulations" formulated by ***.

    Legal basis: Outline of the 14th Five-Year Plan for National Economic and Social Development of the People's Republic of China and the Long-Range Objectives Through the Year 2035 Article 3 Strategic Orientation To promote high-quality development during the 14th Five-Year Plan period, we must base ourselves on the new stage of development, implement the new development concept, and build a new development pattern. Grasping the new development stage is the practical basis for implementing the concept of new development and building a new development pattern, and the implementation of the new development concept provides an action guide for grasping the new development stage and building a new development pattern, and building a new development pattern is a strategic choice to respond to the opportunities and challenges of the new development stage and implement the new development concept.

    We must persist in deepening supply-side structural reforms, lead and create new demand with innovation-driven and high-quality supply, and improve the resilience of the supply system and its adaptability to domestic demand. It is necessary to establish an effective system for expanding domestic demand, speed up the cultivation of a complete domestic demand system, strengthen demand-side management, and build a strong domestic market. We must unswervingly promote reform, break down the institutional obstacles that restrict economic circulation, and promote the circulation of production factors and the organic connection of production, distribution, circulation and consumption.

    We must unswervingly expand opening-up, continue to deepen the opening-up of factor flows, steadily expand institutional opening-up, and rely on the domestic economic circulation system to form a strong gravitational field for global factor resources. It is necessary to strengthen the leading role of the domestic cycle, improve the efficiency and level of the domestic cycle with the international cycle, and realize the mutual promotion of domestic and international dual circulation.

  6. Anonymous users2024-02-10

    Legal analysis: red-headed documents have administrative effect, but they may not have legal effect. But in general, red-headed documents work better than laws.

    Whether the red-headed document is legal and effective is directly related to whether the government can be administered according to law, the image of the people, and the legitimate rights and interests of the people. From the point of view of the authority of the enacting organ, the enacting organ of the administrative prudence regulation is ***.

    Legal basis: Labor Contract Law of the People's Republic of China

    Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

    Article 10 In order to establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

  7. Anonymous users2024-02-09

    1. What is a red-headed file?

    "Red-headed document" refers to the common name of the first level of organs, mostly referring to the documents, statements, announcements, and publicity issued by the first level with big red titles and red seals.

    In a broad sense, "red-headed documents" are literally understood with red heads and red seals, including documents issued by administrative organs directly for specific citizens and organizations, documents issued by administrative organs that are not directly aimed at specific citizens and organizations, and documents issued by administrative organs for the purpose of clarifying some work items.

    In a narrow sense, "red-headed documents" refer specifically to documents issued by administrative organs for unspecified citizens and organizations, which are binding on the public and involve their rights and obligations, that is, other generally binding normative documents other than administrative regulations and rules as called in legal terms.

    What the public is concerned about should refer to the "red-headed documents" in the sense of narrowness and distraction. Nowadays, most companies use it as another name for confidential documents, employment documents, and emergency documents.

    2. Legal procedures for red-headed documents.

    1. Strictly implement the procedures for formulating normative documents.

    2. Implement an open and fair system.

    3. Strictly divide the formulation authority.

    4. Strengthen the supervision and inspection of normative documents.

  8. Anonymous users2024-02-08

    Summary. Dear, I'm glad to answer your <>

    **Red head documents have no legal effect. Red-headed documents have administrative effect, but they may not have legal effect. The red-headed document is a means of administration.

    No legal effect. However, there are certain administrative constraints and norms for some non-specific groups of people and matters. Violation of the provisions of the red head document will not be subject to judicial punishment.

    However, administrative penalties may apply.

    Do red-headed documents have legal effect.

    Dear, I'm glad to answer your macro <>

    **Red head documents have no legal effect. Red-headed documents have administrative effect, but they may not have legal effect. Red-headed documents are a means of administration.

    No legal effect. However, there are certain administrative constraints and norms for some non-specific groups of people and matters. Violation of the provisions of the red-headed inspection and destruction of documents will not be subject to judicial punishment.

    However, administrative penalties may apply.

    Legal basis: Dismantling the first brigade shed of the "Civil Code of the People's Republic of China" to take one hundred and sixty-five articles of entrustment, the power of attorney shall be in written form, the power of attorney shall indicate the name or title of the person, the matter, authority and time limit, and be signed or sealed by the person. Article 493:Where the parties conclude a contract in the form of a written contract, the place where the contract is finally signed, sealed or fingerprinted shall be the place where the contract is concluded, unless otherwise agreed by the parties.

    Hello! Is there legal protection for documents like this.

    I'll take a look. Okay, help me analyze it.

    A red-headed document is issued by an administrative organ and is a document with certain legal effect.

    Although in terms of legal effect, "red-headed documents" are lower than laws, administrative regulations and rules, and are non-legal documents, they also have "universal binding force".

  9. Anonymous users2024-02-07

    No legal effect. Personal experience: The national housing and urban-rural development department issued a notice that fees beyond the purchase price of the contract are not allowed to be charged.

    Then you go to the relevant case and ask for a refund, and the court rejects all of them. The reason is that there is no violation of laws and regulations, validity and prohibitions! It is only a matter for administrative overseers.

  10. Anonymous users2024-02-06

    It is not a red-headed document, it is an internal company-owned document, and it is not a red-headed document.

    "Red-headed document" is not a legal term, but a common name for "documents with big red titles and red seals issued by ** organs at all levels (mostly referring to ** level)".

    From the point of view of the authority of the formulating organs, the organs that formulate administrative regulations are the people, and the organs that formulate the rules are the people of 31 provinces, autonomous regions and municipalities directly under the Central Government, the people of 49 larger cities, as well as the departments and institutions directly under the institutions directly under the central government. As for the general "red-headed documents", the administrative organs with administrative power can formulate them when the administrative work needs them. It can be seen that the "red-headed document" is actually divided into broad and narrow senses.

    In a broad sense, "red-headed documents" are literally understood with red heads and red seals, including documents issued by administrative organs directly for specific citizens and organizations, documents issued by administrative organs that are not directly aimed at specific citizens and organizations, and documents issued by internal organs for the purpose of clarifying some work items.

    In a narrow sense, "red-headed documents" refer specifically to documents issued by administrative organs for unspecified citizens and organizations, which are binding on the public and involve their rights and obligations, that is, normative documents other than administrative regulations and rules that are called in legal terms. What the public is concerned about should refer to the "red-headed document" in a narrow sense.

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