First, the concept of legal origin
(A) the meaning of the origin of law
The origin of law refers to the external manifestation of law.
(2) Classification of legal sources
The origin of law can be divided into many categories. Mainly manifested in the division of formal sources of law and informal sources of law.
The formal source of law refers to the legal source with legal effect, such as constitution, administrative regulations and local regulations.
The informal origin of law means that it often plays an important role in the real life of law. Without formal sources, it can even play the role of law, but it is not illegal. Such as habits, ideas, etc.
Second, the origin of contemporary China law
Pay special attention to the origin of laws, administrative regulations and local regulations.
(1) law
1. The legislative body of this law is specific, namely the National People's Congress and its Standing Committee. No other state organ has the right to make laws.
2. There are two kinds of laws, namely basic laws and other laws. The Basic Law is enacted by the National People's Congress, and other laws other than the Basic Law are enacted by the NPC Standing Committee. They have the same effect.
3. Scope of adjustment of law: the exclusive scope of adjustment of law, that is, the ten aspects stipulated in Article 8 of the Legislative Law.
(2) Administrative regulations
1. Only the State Council has the right to make administrative regulations, and other state organs cannot make administrative regulations.
2. The legislative basis of administrative regulations is the Constitution and laws. That is, the formulation of administrative regulations must be constitutional and legal.
3. The adjustment scope of administrative regulations mainly has two aspects. First, in order to implement the Constitution and laws, administrative regulations need to be formulated; The other is the matter that administrative regulations need to be formulated in order to effectively implement the administration of the whole country and effectively complete the functions undertaken by the State Council.
(3) Local regulations
1. The legislature of local regulations is the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and larger cities. The so-called big cities refer to cities where provincial and autonomous regional governments are located, cities approved by the State Council, and cities where special economic zones are located.
2. Local regulations mainly solve the implementation problems of the Constitution, laws and administrative regulations. Secondly, solve the problems that need to be solved by local laws and regulations.
Three. Standardization and systematization of normative legal documents
Pay attention to the difference between legal codification and codification: codification is a legislative act, while legal codification is a non-legislative act.
Fourth, the classification of law.
Pay attention to general law and special law, written law and unwritten law. The Origin and Classification of Law
First, the concept of legal origin
(A) the meaning of the origin of law
The origin of law refers to the external manifestation of law.
(2) Classification of legal sources
The origin of law can be divided into many categories. Mainly manifested in the division of formal sources of law and informal sources of law.
The formal source of law refers to the legal source with legal effect, such as constitution, administrative regulations and local regulations.
The informal origin of law means that it often plays an important role in the real life of law. Without formal sources, it can even play the role of law, but it is not illegal. Such as habits, ideas, etc.
Second, the origin of contemporary China law
Pay special attention to the origin of laws, administrative regulations and local regulations.
(1) law
1. The legislative body of this law is specific, namely the National People's Congress and its Standing Committee. No other state organ has the right to make laws.
2. There are two kinds of laws, namely basic laws and other laws. The Basic Law is enacted by the National People's Congress, and other laws other than the Basic Law are enacted by the NPC Standing Committee. They have the same effect.
3. Scope of adjustment of law: the exclusive scope of adjustment of law, that is, the ten aspects stipulated in Article 8 of the Legislative Law.
(2) Administrative regulations
1. Only the State Council has the right to make administrative regulations, and other state organs cannot make administrative regulations.
2. The legislative basis of administrative regulations is the Constitution and laws. That is, the formulation of administrative regulations must be constitutional and legal.
3. The adjustment scope of administrative regulations mainly has two aspects. First, in order to implement the Constitution and laws, administrative regulations need to be formulated; The other is the matter that administrative regulations need to be formulated in order to effectively implement the administration of the whole country and effectively complete the functions undertaken by the State Council.
(3) Local regulations
1. The legislature of local regulations is the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government and larger cities. The so-called big cities refer to cities where provincial and autonomous regional governments are located, cities approved by the State Council, and cities where special economic zones are located.
2. Local regulations mainly solve the implementation problems of the Constitution, laws and administrative regulations. Secondly, solve the problems that need to be solved by local laws and regulations.
Three. Standardization and systematization of normative legal documents
Pay attention to the difference between legal codification and codification: codification is a legislative act, while legal codification is a non-legislative act.
Fourth, the classification of law.
Pay attention to general law and special law, written law and unwritten law.