? 1. Law and legal concepts
? Law is a code of conduct system formulated or recognized by the state, which reflects the will of the ruling class and is guaranteed by the state's coercive force.
? Law in a broad sense refers to the whole law, including constitution, laws, administrative regulations, local regulations, autonomous regulations and separate regulations.
? Law in a narrow sense only refers to the laws enacted by the National People's Congress and its Standing Committee.
2. Basic characteristics of law
? Law is a code of conduct formulated or recognized by the state.
? ② Law is a code of conduct that reflects the will of the ruling class.
? (3) The law is a code of conduct guaranteed by the state's coercive power.
Second, understand the legal norms ★★★☆☆
? The elements of law mainly include norms, principles, concepts and technologies, among which legal norms are the main part of legal elements.
? 1, the concept of legal norms
? 2. Logical structure of legal norms
? 3. Types of legal norms
1, the concept of legal norms
? Legal norms are codes of conduct formulated or recognized by the state, which stipulate rights, obligations and legal consequences.
? Legal norms = legal provisions?
? Legal norms are the basic elements of law, which are expressed through legal provisions.
? Legal norms are the noumenon of law, and legal provisions are the external manifestations of legal norms.
? Between them is the relationship between content and form.
2. Logical structure of legal norms
? (1) hypothesis.
? (2) processing.
? (3) sanctions.
? The constituent elements of a legal norm can be expressed in one clause or different clauses, and sometimes the hypothetical elements can be omitted to avoid the legal clauses being too lengthy.
3. Types of legal norms
? According to the different classification of legal norms
? (1) authorization specification.
? (2) Mandatory norms.
? (3) Composite specifications.
? According to the different restrictions and scope of legal norms on people's behavior, legal norms can be divided into mandatory norms and arbitrary norms.
Third, understand the legal relationship ★★★☆☆
? 1. Concepts and characteristics
? Legal relationship is a social relationship with legal rights and obligations formed in the process of adjusting social relations with legal norms. Legal relationship belongs to social relationship, which shows the relationship between people, but it is not a general social relationship.
? ① It is a social relationship formed on the basis of legal norms.
? ② Social relations between legal subjects.
? ③ It is a social relationship with rights and obligations as its content.
? ④ Social relations protected by law.
? 2. Composition of legal relationship
? Legal relationship consists of subject, object and content of legal relationship.
? Subjects of legal relations: there are three main categories: natural persons, organizations and countries.
? Object of legal relationship: refers to the object to which the rights and obligations between the subjects of legal relationship point. Generally speaking, the objects of legal relations can be divided into three categories: objects, behaviors and intellectual achievements.
? The content of legal relationship refers to the legal rights and obligations between the subjects of legal relationship.
? 3. Legal facts
? Legal fact is an objective situation or phenomenon stipulated by legal norms, which can cause the emergence, change or elimination of legal relations.
? (1) Legal events. Legal events are stipulated by legal norms, and are not transferred by the subjective will of the parties, which leads to the objective fact that legal relations arise, change or disappear. Legal events include
? (2) Legal acts. A legal act refers to an act that can cause the emergence, change or elimination of legal relations with the subjective will of the parties as the transfer. Legal acts can be divided into legal acts and illegal acts according to whether they meet the requirements of legal norms; According to the cognitive state of the parties, it can be divided into goodwill behavior and malicious behavior.
First, the essence of China's socialist law ★★☆☆
? 1, China's socialist law is the unity of class and people.
? 2, China's socialist law is the unity of scientific and advanced.
? 3. China's socialist laws are an important guarantee for the construction of Socialism with Chinese characteristics.
Second, remember the origin of China's socialist law ★★★☆.
? The origin of law, also known as the origin of law, is an important concept in jurisprudence and an important issue in the basic theory of law, which is of great significance to national legislation, law enforcement and justice.
1, the concept of legal origin? In our country, the origin of law mainly refers to the formal origin of law, that is, the way of creation and the form of expression of law, which is also called the source of validity of law. Statutory law is the main source of socialist law in China.
? Statutory law is a law formulated and promulgated by a state organ with legislative power in accordance with legal procedures.
2. Characteristics of the legal origin in China.
? At present, the origin of China law has the following characteristics.
? (1) Take the Constitution as the core and give priority to making laws.
? (2) The laws of the Special Administrative Region are the source of our national laws.
? (3) Custom can also be the source of China law under certain conditions. Habit is a behavior pattern and social fashion that people gradually develop in their long-term life.
3. The origin of contemporary China law.
? The origin of contemporary China law refers to the legal origin of Chinese mainland, which implements the socialist system as the main body of our country.
? Including the constitution, laws, administrative regulations, local regulations,
? Autonomous regulations, special administrative region regulations, international treaties.
(1) Constitution
? Constitution is the fundamental law of the country, which stipulates the fundamental issues of the country, including the state system, regime, fundamental system of the country, basic rights and obligations of citizens, principles of organization and activities of state organs, national flag, national anthem, national emblem and capital, etc. It is the general charter of governing the country and keeping the country safe, and it is also the general program of building Socialism with Chinese characteristics at present.
? The constitution has the highest legal effect.
(2) Law
? Laws can be divided into: Basic Law (second only to Constitution)+laws other than Basic Law.
? Basic laws are normative legal documents formulated and revised by the National People's Congress.
? Laws other than the Basic Law refer to the normative legal documents formulated and revised by the NPC Standing Committee, which are generally narrower than the Basic Law.
(3) Administrative regulations
? Administrative regulations refer to the normative legal documents formulated and revised by the highest administrative organ in China, namely the State Council, according to the authority and legal procedures stipulated by the Constitution.
? Wide adjustment range and large quantity.
? For example, Regulations on the Implementation of the Land Management Law of the People's Republic of China, Measures for the Administration of National Geological Data Collection, Regulations on the Administration of Salt Industry, Regulations on the Administration of Traffic Safety in People's Republic of China (PRC) Fishing Port Waters, etc.
(4) Local regulations
? Local regulations refer to the normative documents formulated by the people's congresses and their standing committees of provinces, autonomous regions and municipalities directly under the Central Government within the statutory authority according to the specific conditions and actual needs of the region.
? In addition, the people's congresses of cities divided into districts and their standing committees may also formulate local regulations, which shall be approved by the standing committees of the people's congresses of provinces and autonomous regions and implemented after being reported to the NPC Standing Committee and the State Council for the record.
(5) autonomous regulations
? Autonomous regulations include autonomous regulations and separate regulations.
? The system of regional ethnic autonomy is a basic political system stipulated in our constitution.
? According to the constitution, the people's congresses of ethnic autonomous areas have the right to formulate autonomous regulations and separate regulations according to the political, economic and cultural characteristics of the local ethnic groups, but they shall take effect after being approved by the Standing Committee of the people's congress at the next higher level.
? Autonomous regulations can not contravene the Constitution, laws and administrative regulations, and can only be effective in autonomous areas.
(6) Laws and regulations
? The regulations include the regulations of various departments in the State Council and the regulations of local governments.
(7) Laws and regulations of the Special Administrative Region? The economic, political and legal systems in the Special Administrative Region are different from those in other parts of China. ? According to the Basic Law of the Special Administrative Region, the Special Administrative Region enjoys a high degree of autonomy? Foreign affairs and national defense affairs are not under the control of the Central People's Government? The Special Administrative Region enjoys executive power, legislative power, independent judicial power and final adjudication power.
(8) International treaties
? International treaties here refer to international treaties and agreements concluded or acceded to by China.
? According to relevant laws and regulations, all international treaties and agreements concluded or acceded to by China have legal effect in China, which is one of the sources of contemporary China law.
Three. Understand the socialist legal system with Chinese characteristics ★★★★☆☆
? 1. Concept of legal system and legal department
? The legal system refers to a unified organic whole formed by combining all the existing legal norms of a country into different legal departments.
? Legal department, also known as departmental law, refers to the general name of similar legal norms formulated by a country according to certain principles and standards.
2, the composition of the socialist legal system with Chinese characteristics
? (1) Constitution and relevant laws of the Constitution
? (2) Civil Law and Commercial Law
? (3) Administrative law
? (4) Economic law
? (5) Social Law
? (6) criminal law
? (7) Litigation and non-litigation procedure law
(1) Constitution and relevant laws of the Constitution
? The Constitution and its related laws are the leading departments of the socialist legal system with Chinese characteristics.
? This Constitution is the Constitution of People's Republic of China (PRC) and its amendments.
? Constitution-related laws refer to legal norms that are compatible with the Constitution and directly guarantee the implementation of the Constitution and the operation of state power, such as the Organic Law of the National People's Congress, the Legislative Law, the Election Law of the National People's Congress and local people's congresses at various levels, the National Flag Law, the Nationality Law, the Law on Regional National Autonomy, the Basic Law of the Hong Kong Special Administrative Region and the Basic Law of the Macao Special Administrative Region.
(2) Civil Law and Commercial Law
? One of the basic legal departments is the basic law regulating civil and commercial activities.
? China adopts the legislative model of civil and commercial integration.
? Commercial Law: Company Law, Securities Law, Insurance Law, Negotiable Instruments Law, Maritime Law, Commercial Banking Law, Futures Law, Trust Law, Bidding Law, Enterprise Bankruptcy Law, etc.
(3) Administrative law
? Administrative law is one of the basic legal departments of the socialist legal system with Chinese characteristics.
? Administrative law mainly includes legal norms related to administrative subject, administrative behavior, administrative procedure, administrative supervision and supervision, and national civil service system.
? Commonly used laws in administrative law departments mainly include administrative punishment law, administrative reconsideration law, civil servant law, national defense law, military service law, China citizens' entry and exit management law, public security management punishment law, lawyer law, notarization law, education law, urban and rural planning law, environmental protection law, air pollution prevention law, etc.
(4) Economic law
? Economic law is a legal department separated from commercial law department and administrative law department of civil law, which mainly involves national macro-control, economic management, creating a level playing field and maintaining market order.
? Legal system of economic organization, such as state-owned enterprise law and company law;
? Legal system of economic competition, such as anti-unfair competition law, anti-monopoly law, consumer rights protection law, product quality law, etc.
? Legal system of economic adjustment, such as budget law, audit law, accounting law, China People's Bank law, price law, etc.
? Legal system of economic management, such as tobacco monopoly law, drug administration law, state-owned assets management law, etc. ;
? Legal system of economic supervision, such as banking supervision law and tax collection and management law;
? Foreign-related economic and legal systems, such as foreign-invested enterprises law and foreign trade law.
(5) Social Law
The social relations regulated by social law are mainly labor relations, social security and social welfare relations, aiming at protecting the rights and interests of workers, unemployed people, people who have lost their ability to work and other people in need from the overall interests of society.
The social laws formulated in China mainly include labor law, labor contract law, employment promotion law, safety production law, occupational disease prevention law, disabled person protection law, minor protection law, social insurance law and so on.
(6) criminal law
The current criminal law in China is the Criminal Law of People's Republic of China (PRC), which was revised on March 1997. As an independent legal department, the criminal law includes not only the Criminal Law of People's Republic of China (PRC), but also the Tenth Amendment to the Criminal Law and the National People's Congress Standing Committee (NPCSC)'s decision on punishing crimes.
(7) Litigation and non-litigation procedure law
? Procedural law is a legal norm that stipulates the procedures to guarantee the realization of rights and obligations.
? Procedural law is a legal norm to regulate the state judicial organs to solve social disputes.
? Non-litigation procedure law is a legal norm to regulate arbitration institutions and people's mediation organizations to solve social disputes.
? At present, China's litigation and non-litigation procedures mainly include criminal procedure law, civil procedure law, administrative procedure law, extradition law, arbitration law, people's mediation law and so on.
I. Formulation of Understanding Method ★★★☆☆
? Making laws, also known as legislation, refers to the activities of statutory organs to create, recognize, amend and abolish normative legal documents in accordance with their statutory powers and procedures.
? 1, the legislature and its authority
? The National People's Congress and its Standing Committee exercise the legislative power of the state.
? The State Council formulates administrative regulations and issues decisions and orders in accordance with the Constitution and laws.
? Local people's congresses at various levels adopt and issue resolutions within their respective administrative areas within the limits of authority prescribed by law.
? Local people's governments at all levels have the right to issue decisions and orders within their respective administrative areas within the limits of authority prescribed by law.
? 2. Legislative procedures
? Legislative procedure refers to the legal steps and methods that the legislature should follow in formulating, approving, amending and abolishing normative legal documents.
? The stage of legislative preparation-the stage of law formation and establishment-the stage of law perfection. Proposal, deliberation, voting and publication.
(1) The introduction of the bill.
? Submit a legal bill to the National People's Congress:
? NPC the NPC Standing Committee Presidium
? The Central Military Commission (CMC), the State Council.
? The Supreme People's Procuratorate, the Supreme People's Court.
? Thirty or more representatives of the special committees of the National People's Congress may jointly form a delegation.
? To propose a legal bill to the Standing Committee:
? The Standing Committee has more than 65,438+00 members.
(2) deliberation of the motion.
? The deliberation of bills refers to the special activities of the legislature to formally review and discuss draft laws.
? A bill put on the agenda of the session of the National People's Congress shall be deliberated by the relevant special committee.
? A bill put on the agenda of a meeting of the Standing Committee shall generally be considered by three meetings of the Standing Committee before being put to the vote.
(3) Voting and passing of bills.
? Revised draft law-deliberated at the meeting of the Administrative Committee-revised by the Legal Affairs Committee-voting draft law-voting at the plenary session of the Standing Committee (passed by more than half)
(4) Promulgating laws.
? The power to publish laws is usually exercised by the head of state.
? The Constitution of China stipulates: "President People's Republic of China (PRC) promulgates laws according to the decisions of the National People's Congress and the NPC Standing Committee."
? 3. Perfection of legal documents
Second, the implementation of memory method ★★★★★☆
? 1, in compliance with the law
? Law-abiding in a broad sense: the implementation of law.
? In a narrow sense, abiding by the law refers to the activities of all organizations and individuals to exercise their rights and fulfill their obligations according to law.
? Abiding by discipline and law includes: exercising rights and fulfilling obligations according to law.
? (1) Law-abiding subject? China citizens+China organizations+foreign organizations or individuals in other places.
(2) Conditions for observing the law
? Subjective conditions of obeying the law: political consciousness, legal concept, moral concept, educational level and psychological quality of the subject.
? The objective conditions of obeying the law: the legal situation, political situation, economic situation, national tradition, social atmosphere and family environment of the society in which the subject lives.
? 2. Enforcement of the law
? Law enforcement in a broad sense includes the application of law.
? Law enforcement in a narrow sense only refers to the activities of state administrative organs and their public officials, organizations authorized and entrusted by law and their public officials to exercise management power, perform duties and implement laws according to law, so it is often called administrative law enforcement.
? Administrative law enforcement has the following characteristics:
? (1) The subject of law enforcement is specific. (2) Law enforcement covers a wide range.
? (3) Law enforcement has initiative. (4) Law enforcement activities are unilateral.
? 3, the application of the law
? The application of law, also known as judicature, refers to the special activities of the state judicial organs and their public officials to apply the law to handle cases according to their statutory powers and procedures.
? (1) The applicable subject of the law is the judicial organ. ? (2) The application of the law must strictly follow legal procedures.
? (3) The application of the law is backed by the national coercive force. ? (4) The application of the law is very professional.
Third, the application of legal supervision ★★☆☆
? 1, national supervision
? State supervision, also known as the supervision of state organs, is divided into:
? Supervision by the authorities.
? (2) Supervision by administrative organs.
? (3) Supervision by supervisory organs.
? (4) Supervision by judicial organs.
? 2. Social supervision
? Social supervision refers to all political parties, social organizations and the people except state organs stipulated by the Constitution.
And the supervision of relevant laws and regulations on the legality of various legal activities.
? This kind of supervision is extensive, popular and spontaneous.
? According to the different regulatory bodies, it can be divided into:
? (1) China * * * Supervision. (2) Supervision of social organizations.
? (3) People's supervision. (4) Public opinion supervision and network supervision.