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In primitive societies, the basic unit of social organization was the clan, and the main norms that regulated social relations were customs and habits. But with the development of the productive forces, private property came into being, classes appeared, and the state as the ruling class gradually took shape, and the law came into being as the means and tools for the state to realize its functions.
In a class society, the laws made by the state and the customs that are the norms of behavior in primitive societies are two different social norms. The main differences are: first, the customs of primitive societies are gradually formed spontaneously over a long period of time, and the laws are consciously formulated by the state; Second, primitive social customs are the embodiment of the will of all members of the clan and safeguard the interests of all members of the clan; The law is the embodiment of the will of the state.
defending the interests of the ruling class; Third, the purpose of primitive social customs is to maintain the social relations and social order of people to be equal and mutually helpful, and the law is to maintain the social relations and social order that are beneficial to the ruling class; Fourth, the customs of primitive societies apply to members of their own clans and tribes, and the laws apply to the areas under the jurisdiction of national sovereignty; Fifth, primitive social customs mainly rely on the inner beliefs of members of society and the prestige of clan leaders, which are consciously observed by people, and the laws are guaranteed and implemented by the coercive power of the state.
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There are two ways in which the law is generated:
One is enactment, which is aimed at statutory law;
The other is recognition, which is directed at unwritten law, which includes customary law and case law.
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Investigate the people's congress, discuss the project, publicize it, and vote on it.
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Legal Analysis: A law is a system of norms formulated or approved by the state and enforced by the coercive power of the state, reflecting the will of the ruling class determined by the material conditions of life in a particular society. The law is the embodiment of the will of the ruling class.
Laws are the general term for basic laws and ordinary laws that are enacted, amended, and promulgated in accordance with legal procedures by the legislature exercising the legislative power of the state, and are guaranteed to be implemented by the coercive power of the state. Law is a collective term for the code and the law, which respectively regulates what citizens can and cannot do in the life of society.
Legal basis: Legislation Law of the People's Republic of China
Article 1: This Law is drafted on the basis of the Constitution so as to regulate legislative activities, complete the national legislative system, increase the quality of legislation, improve the socialist legal system with Chinese characteristics, give play to the leading and promoting role of legislation, safeguard and develop socialist democracy, comprehensively advance the rule of law, and build a socialist country under the rule of law.
Article 2: This Law applies to the formulation, revision, and repeal of laws, administrative regulations, local regulations, autonomous regulations, and special regulations.
The formulation, revision, and repeal of departmental rules and local rules shall be implemented in accordance with the relevant provisions of this Law.
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Legal Analysis: There are two ways in which law is generated: state-enacted and state-recognized.
In our country, the two forms of state-created laws are enactment or recognition. The law is enacted or approved by the state, that is, the form in which the law has the will of the state. The creation of socialist laws is the activity of socialist state organs in formulating, amending, or abolishing legal norms in accordance with the common will of the working class and the broad masses of the people and in accordance with certain legal procedures.
Legal basis: Article 7 of the Legislation Law of the People's Republic of China The National People's Congress and the Standing Committee of the National People's Congress exercise the legislative power of the State. The National People's Congress enacts and amends criminal, civil, state institutional and other basic laws.
The Standing Committee of the National People's Congress formulates and amends laws other than those that shall be enacted by the National People's Congress; When the National People's Congress is not in session, partial supplements and amendments to laws enacted by the National People's Congress may be made, provided that they do not contradict the basic principles of the law.
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Legal Analysis: With the development of the productive forces, private property arises, classes emerge, and the state as the ruling class is gradually formed, and the law as the means and tools for the state to realize its functions is also born.
Legal basis: Article 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.
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Legal analysis: Statutory law, also known as statutory law, refers to a normative legal document formulated and promulgated by state organs in accordance with certain procedures, which is manifested in the form of provisions. Custom refers to a custom that has been recognized by a competent state organ in a certain way and has been given normative effect or a custom that has been corrupted.
At present, most of the laws in our country are enactments.
Legal basis: The Constitution of the People's Republic of China
Article 64 Amendments to the Constitution shall be proposed by the Standing Committee of the National People's Congress or by more than 1 5 deputies to the National People's Congress, and shall be adopted by the National People's Congress by a majority of more than 2 3 of all deputies. According to the provisions of the Constitution, the National People's Congress of the People's Republic of China is the highest organ of state power and the only organ with the power to amend the Constitution.
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