Our country’s legal system is generally composed of seven departments under the leadership of the Constitution: the Constitution and Constitution-related laws, civil and commercial law, administrative law, economic law, social law, criminal law, and litigation and non-litigation procedural law. It includes three levels: laws, administrative regulations and local regulations.

Constitution and Constitution-related laws:

The Constitution is the fundamental law of the country and the principle of our country’s social system, national system, the basic rights and obligations of citizens, and the organization and activities of state agencies. In other aspects, civil rights are the fundamental guarantee; the Constitution has the highest legal effect, and the Constitution is the legislative basis for other general laws. No laws or regulations may conflict with the Constitution; in order to ensure the dignity and relative stability of the Constitution, the formulation and formulation of the Constitution The amendment procedure is more stringent than ordinary law. Representatives: "Legislation Law", "Election Law", "Flag Law", "Anti-Secession Law", etc.

Civil and Commercial Law:

It is the basic law that regulates civil and commercial activities in society. Representatives: "Property Law", "Contract Law", "Guarantee Law", "Auction Law", "Trademark Law", "Patent Law", "Copyright Law", "Marriage Law", "Succession Law", "Adoption Law", "Company Law", "Insurance Law", "Negotiable Instruments Law", "Securities Law", etc.

Administrative law:

General administrative law refers to laws and regulations related to general provisions on administrative subjects, administrative actions, administrative procedures, administrative responsibilities, etc. Representatives include the "Civil Service Law" and the "Administrative Punishment Law" ”, “Administrative Reconsideration Law”, etc.

Economic Law:

Laws that create a level playing field and maintain market order. Representative: "Anti-Unfair Competition Law", "Consumer Rights Protection Law", "Product Quality Law", "Advertising Law", "Budget Law", "Audit Law", "Accounting Law", "Tax Collection Management Law" , "Individual Income Tax Law", "Land Management Law", etc.

Social law:

Social law is the sum of legal norms that regulate labor relations, social security and social welfare relations. It is a legal department related to people's livelihood. Representatives: including Labor Law, Labor Contract Law, Protection of Minors Law, Protection of Disabled Persons Law, Red Cross Law, Public Welfare Donation Law, etc.

Criminal law:

Criminal law is the sum of legal norms that stipulate crimes, criminal liability and criminal punishment. What criminal law regulates is the social relations arising from crime. Representative: "Criminal Law", etc.

Litigation and non-litigation procedural law:

What ensures the implementation of the substantive laws of the first six departments is called procedural law, that is, litigation and non-litigation procedural law. For example, there are three major procedural laws: criminal litigation, civil litigation, criminal litigation, as well as mediation and arbitration. Representative: "Criminal Procedure Law", "Civil Procedure Law", "Administrative Procedure Law", "Arbitration Law", etc.

About the level of legal validity

This requires first looking at the three levels of law mentioned above, namely laws, administrative regulations, and local regulations. How to tell the difference is actually very simple.

The first level (law): the laws enacted by the National People's Congress and its Standing Committee, all mentioned above, end with the word "law" and start with "the People's Republic of China" , such as the "Constitution of the People's Republic of China", "Securities Law of the People's Republic of China", etc. (/col/col11/index.html)

The second level (department regulations): Administrative regulations are promulgated and implemented by the State Council, various committees, the Audit Office, etc. It is often seen on TV news that the Prime Minister signs the State Council Order That is, it usually ends with "Measures", "Regulations", etc. For example: "Construction Project Environmental Protection Management Regulations", "Listed Company Acquisition Management Measures", etc. (/col/col14/index.html)

The third level (local government regulations): The governments of various provinces, municipalities and autonomous regions formulate local regulations. It is easy to judge if you know the theme of the formulation. Most of them end with "regulations" . For example: "Jiangsu Province Blood Donation Regulations", "Jiangsu Province Cultural Relics Protection Regulations", "Jiangsu Province Road Transport Regulations", etc.

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In fact, the local and municipal governments also have corresponding legislative power, which can also be called the fourth level, such as the "Suzhou Housing Provident Fund Regulations" wait.

According to the "Legislation Law", different levels of legal effect are different, and the first level has the highest effect. The validity of lower-level laws and higher-level laws must not conflict, and if they conflict, they will be invalid. If there is a conflict between the "Jiangsu Province Road Transport Regulations" and the "Traffic Law", the provisions of the "Traffic Law" shall prevail when making judgments (this is just an example, not a real conflict).

1. The Constitution has the highest legal effect. All laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules must not conflict with the Constitution.

2. Lower-level laws shall not conflict with the provisions of higher-level laws; laws at the same level have the same effect and shall be implemented within their respective jurisdictions.

3. Regarding the validity of general laws and special laws, the principle of "special laws are superior to general laws" applies legally. Regarding the validity of new laws and old laws, the principle of "new laws are superior to old laws" applies legally.

4. If the new general provisions of the law on the same matter are inconsistent with the old special provisions and it is unclear how to apply them, the Standing Committee of the National People's Congress shall make a decision. If new general provisions on the same matter between administrative regulations are inconsistent with old special provisions and it is unclear how to apply them, the State Council shall make a ruling.

Explanation of the case: Unconstitutional household registration is not allowed due to birth defects, etc., which is unconstitutional. This has now been corrected.

A certain local regulation stipulates that primary school admission will not be processed without vaccination, which violates the "Compulsory Education Law" and should be invalid.

(After the vaccine fatalities in the past few years, many parents refused to vaccinate their children, and they had to go to school if necessary)