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The role of law can be divided into normative and social roles. The impact of the law on the individual is normative; The normative role of law includes the following aspects.
1 Guidance. The guiding effect refers to the fact that the law has a guiding effect on one's behavior. Here, the subject of the act is each person himself.
There are usually two ways for the law to guide people's behavior: one is definite guidance, that is, by setting up legal obligations, requiring people to do or inhibit certain behaviors, so that members of society can clearly define the boundaries of behaviors that they must or must not engage in; The other is the indefinite guidance, also known as the guidance of choice, which refers to giving people a certain range of choices by declaring legal rights.
2 Evaluation role. The evaluative role refers to the fact that the law, as a standard of conduct, has the role of judging and measuring the legality of others' behavior. Here, the object of the action is the other.
The daily adjudication activities carried out by arbitration and judicial organs are to use the law to judge the legality of the parties' actions.
3 Educational role. The role of education refers to the impact of the law on the behavior of ordinary people through the implementation of the law. This effect is also manifested in the role of warning (mainly through the punishment of illegal acts) and the exemplary effect (mainly through the protection of lawful acts).
The educational role of law plays an important role in enhancing citizens' awareness of the law and prompting them to consciously abide by the law.
4 **Role. Function means that the existence of the law allows you to predict how people will behave with each other. The object of the law is people's behavior with each other, including between citizens, social organizations, the state, enterprises and institutions, and their behavior with each other.
5 Coercive action. Coercion means that the law can compel people to obey the law by sanctioning illegal and criminal acts. Note that the object of coercive action is the act of the offender.
Without coercion, the law loses its authority, and strengthening the coercive nature of the law helps to increase the authority of the law.
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The normative role of law is divided into five aspects:
1 Guidance.
It is to clearly define what people can do, what they should do or what they should not do under certain conditions. Provide a pattern, standard, or direction for the behavior of the average person. There are two modes included:
Enabling optional guidelines (which allow people to decide for themselves whether or not to do so) and obligatory non-optional guidelines, where people must act in accordance with the instructions of legal norms.
2 Evaluation role.
The evaluative effect of law on people's behavior refers to the role of law, as the rule of people's behavior, in judging and measuring whether people's behavior is legal or illegal.
3. Role.
It means that people can predict in advance whether their own or others' actions are legal or illegal, legally valid or invalid, and what legal consequences will be.
4. Educational role.
It refers to the law, as a special code of conduct, which has a direct or indirect impact on people's future behavior under the guarantee of the state's coercive power.
5 Coercive action.
It is said that it is guaranteed to be implemented by the coercive power of the state and has the coercive power of the state, which is an exclusive attribute of legal norms.
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A legal norm refers to a social norm formulated or approved by the state, reflecting the will of the ruling class, and guaranteed by the coercive power of the state.
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The normative role of law: refers to the possible impact of the law itself on people's behavior or social relations, that is, the law as a behavioral norm, clearly tells people the mode and standard of behavior, and plays a role in guiding, evaluating, educating, and coercing people's behavior.
In public life, the role of legal norms in people's public life is mainly as follows:
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.
Hope it helps.
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The normative role of law is put forward from the perspective of social norms that adjust people's behavior, and the social role is understood from the perspective that law should achieve an end in social life, and the relationship between the two is as follows: the normative role is the means, and the social role is the goal. The specific functions are as follows:
1 Guidance. This refers to the guiding role of the law in guiding individual behavior, including definite guidance and selective guidance. Determining guidelines is generally the role of norms that provide for obligations, and selective guidelines are generally the role of norms that provide for rights;
2 Evaluation role. This is the effect of the law as a yardstick and standard on the behavior of others;
3. Role. This is the effect on the conduct between the parties;
4. Coercive effect. This is the effect on the actions of the offender;
5. Educational role. This is the effect on the behavior of ordinary people, including positive education and negative education.
Legal basisArticle 5 of the Constitution of the People's Republic of China.
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 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 role of law refers to the influence of law on the social relations formed between people, which indicates the operation of state power and the realization of state will.
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I am glad to answer for you, The normative role of the law can be divided into five types: guidance, evaluation, education, and compulsion. These five normative functions of law are necessary for law, and the law of any society has them. However, under different social systems and in different legal systems, the degree of realization of the normative role of law will be different due to the different qualities and values of law.
The guiding effect refers to the fact that the law has a guiding effect on one's behavior. Here, the subject of the act is each person himself. Guidance on human behavior takes two forms:
One is individual guidance, that is, through a specific instruction to form guidance for the specific situation of a specific person; One is normative guidance, which is guidance for people or behaviors of the same kind through general rules. Although individual guidelines are very important, normative guidelines are of greater significance in terms of establishing and maintaining stable social relations and social order. From the perspective of legislative technology, the law usually adopts two ways to guide people's behavior:
One is the definitive guidance, that is, by setting up legal obligations that require people to do or inhibit certain behaviors, so that members of society can clearly determine the boundaries of what they must or must not do. One is the guidance of indefiniteness, also known as the guidance of choice, which refers to giving people a certain range of choices by declaring legal rights. <>
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Examples of the normative role of law are shown below
1. The guiding role of the law is mainly to manifest and guide one's own behavior. For example, A understands and learns the Road Traffic Safety Law of the People's Republic of China and knows the consequences of drunk driving. Therefore, A found a substitute driver after drinking alcohol instead of driving himself.
2. The evaluative role of the law is mainly reflected in evaluating whether the actions of others are legal. For example, if A and his friend B attend a class reunion, A and B both drink, A is ready to find a substitute driver, and B is ready to drive home by himself, A can know through the Road Traffic Safety Law of the People's Republic of China that B is not legal, and B will be punished.
3. The role of law is mainly for the legal consequences of a certain behavior. For example, in the process of stealing, A thinks of the previous Criminal Code and decides to give up stealing, because if he gives up stealing, he can be exempted from punishment.
4. The educational role of the law is mainly embodied in educating the public to abide by the law. For example, A commits robbery and the court sentences A. This punishment not only educates A and reduces the likelihood of A committing another crime, but also educates ordinary citizens.
5. The coercive effect of the law is mainly aimed at criminals, and it is a punishment and sanction for them. For example, if A takes the examination instead of B in the examination for the public service veteran, then according to the relevant provisions of the Criminal Law, A will be subject to mandatory punishment, i.e. A will be sentenced to criminal detention or public surveillance.
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