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How to understand the composition of the socialist legal system with Chinese characteristics
The socialist legal system with Chinese characteristics is an organic and unified whole with the Constitution as the commander-in-chief, the law as the main body, administrative regulations and local regulations as important components, and many legal departments such as constitutional law, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedures. (1) The hierarchical constitution of the socialist legal system with Chinese characteristics is the commander-in-chief of the socialist legal system with Chinese characteristics. The Constitution is the fundamental law of the country, occupying the commander-in-chief position in the socialist legal system with Chinese characteristics, and is the fundamental guarantee for the country's long-term stability, national unity, economic development and social progress. In China, people of all ethnic groups, all state organs and armed forces, political parties, social organizations, enterprises and institutions must take the Constitution as the fundamental criterion for their activities, and all have the responsibility to safeguard the dignity of the Constitution and ensure its implementation. China's current constitution is a constitution with China characteristics that meets the needs of socialist modernization, and it is the general charter of governing the country and ensuring the country. After discussion by the whole people, the National People's Congress 1982 passed. According to the country's economic and social development, the National People's Congress has passed four constitutional amendments, and some contents of the Constitution have been revised. China's Constitution has established the fundamental system and tasks of the country, the leading position of the production party of China, the guiding position of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory and Theory of Three Represents, the state system of people's democratic dictatorship led by the working class and based on the alliance of workers and peasants, and the system of people's congresses, stipulating that all state power belongs to the people and citizens enjoy a wide range of rights and freedoms according to law. The system of multi-party cooperation and political consultation, regional ethnic autonomy and grass-roots mass autonomy under the leadership of the Production Party of China has been established. The basic economic system with public ownership as the main body and multiple ownership economies developing together and the distribution system with distribution according to work as the main body and multiple modes of distribution coexisting have been established. While maintaining stability, China's current Constitution keeps pace with the times and is constantly improving with the advancement of reform, opening up and socialist modernization. It has written important experiences, principles and systems that have proved mature in practice into the Constitution in time, which fully embodies the outstanding achievements of China's reform and opening up, the great achievements of Socialism with Chinese characteristics's construction, the self-improvement and continuous development of the socialist system, and provides a fundamental guarantee for reform, opening up and socialist modernization. The Constitution of China has the highest legal effect in the socialist legal system with Chinese characteristics. All laws, administrative regulations and local regulations must be based on the Constitution, follow its basic principles, and shall not contravene the Constitution. Law is the pillar of the socialist legal system with Chinese characteristics. According to the Constitution of China, the National People's Congress and its Standing Committee exercise the legislative power of the state. The laws formulated by the National People's Congress and its Standing Committee are the backbone of the socialist legal system with Chinese characteristics, and solving the fundamental, overall, stable and long-term problems in national development is the foundation of the national legal system. Administrative regulations and local regulations shall not contravene the law. The legislative law stipulates the exclusive legislative power of the National People's Congress and its Standing Committee. The National People's Congress formulates and amends criminal, civil, state organs and other basic laws; When the National People's Congress is not in session, the NPC Standing Committee may partially supplement and amend the laws enacted by the National People's Congress, but it shall not contravene the basic principles of the law. The Legislative Law also stipulates that matters related to national sovereignty, the emergence, organization and authority of state organs, the system of regional ethnic autonomy, the system of special administrative regions, the system of grass-roots mass autonomy, crimes and penalties, deprivation of citizens' political rights, compulsory measures and penalties restricting personal freedom, expropriation of non-state-owned property, basic civil systems, basic economic systems, finance, taxation, customs, finance, foreign trade basic systems, litigation and arbitration systems, etc. The laws enacted by the National People's Congress and its Standing Committee have established an important basic legal system for national economic construction, political construction, cultural construction, social construction and ecological civilization construction, which constitutes the backbone of the socialist legal system with Chinese characteristics and also provides an important basis for formulating administrative regulations and local regulations. Administrative regulations are an important part of the socialist legal system with Chinese characteristics. The State Council formulates administrative regulations in accordance with the Constitution and laws. This is an important way for the State Council to fulfill its responsibilities entrusted by the Constitution and laws. Administrative regulations can provide for the implementation of laws and the performance of administrative functions and powers of the State Council. At the same time, for matters that should be formulated by the National People's Congress and its Standing Committee, the State Council can decide to formulate administrative regulations in advance according to the authorization of the National People's Congress and its Standing Committee. Administrative regulations occupy an important position in the socialist legal system with Chinese characteristics, which concretizes the relevant systems stipulated by laws and refines and supplements laws. In order to meet the actual needs of economic and social development and administrative management, the State Council has formulated a large number of administrative regulations in accordance with the statutory authority and procedures, covering all areas of administrative management, involving national economy, politics, culture, social affairs and other aspects, which has played an important role in implementing the Constitution and laws, ensuring reform, opening up and socialist modernization, promoting comprehensive, coordinated and sustainable economic and social development, and promoting people's governments at all levels to administer according to law. Local regulations are another important part of the socialist legal system with Chinese characteristics. According to the Constitution and laws, the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and larger cities may formulate local regulations. This is an important way and form for people to participate in the management of state affairs according to law and promote local economic and social development. The people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees may, according to the specific conditions and actual needs of their respective administrative regions, formulate local regulations on the premise that different constitutions, laws and administrative regulations are inconsistent. The people's congresses of larger cities and their standing committees may, according to the specific conditions and actual needs of this city, formulate local regulations on the premise that different constitutions, laws, administrative regulations and local regulations of this province and autonomous region are in conflict, and report them to the standing committees of people's congresses of provinces and autonomous regions for approval before implementation. The people's congresses of ethnic autonomous areas have the right to formulate autonomous regulations and separate regulations in accordance with the political, economic and cultural characteristics of local ethnic groups; Autonomous regulations and separate regulations may make flexible provisions on the provisions of laws and administrative regulations, but they shall not violate the basic principles of laws and administrative regulations, and shall not make flexible provisions on the provisions of the Constitution, the Law on Regional National Autonomy and other laws and administrative regulations specifically aimed at ethnic autonomous areas; Autonomous regulations and separate regulations of autonomous regions shall come into effect after being submitted to the NPC Standing Committee for approval, and autonomous regulations and separate regulations of autonomous prefectures and autonomous counties shall come into effect after being submitted to the standing committees of people's congresses of provinces, autonomous regions and municipalities directly under the Central Government for approval. The people's congresses of provinces and cities where special economic zones are located and their standing committees may, with the authorization of the National People's Congress and its standing committees, follow the provisions of the Constitution and the basic principles of laws and administrative regulations, formulate laws and regulations and implement them within the scope of special economic zones. Local regulations may stipulate the implementation of laws, administrative regulations and matters belonging to local affairs. At the same time, in addition to matters that can only be formulated by the National People's Congress and its Standing Committee, local regulations can be formulated for other matters that have not yet been formulated by the state. Local laws and regulations also play an important role in the socialist legal system with Chinese characteristics. They are the refinement and supplement of laws and administrative regulations, the extension and perfection of national legislation, and have accumulated useful experience for national legislation.