1. The most common law (recitation law) and special law, the general law (the former general law) and the special law are based on the scope of application of the law and the object of application

Whether there is a restriction on the division. The law that provides for the application of general matters is general law. Skin, only silver in the special

The law applicable to the designation of persons, specific matters or territories is lex specialis.

Jurisprudence, in simple terms, is the study of law and law-related in the field of modern social sciences

It is an independent science with a large system and profound meaning.

The basic classification of legal disciplines in China is (1) jurisprudence, (2) legal history, (3) constitutional and administrative law, and (4) criminal law

Military jurisprudence.

(S Civil and Commercial Law (6), Economic Law (7), Procedural Law (8), International Law (9), Environmental and Natural Resources Law (10).

6. The importance and necessity of learning the course "Fundamentals of Law":

First. Doing a good job in the "legal foundation" course is an inevitable requirement for the country's social development under the new situation. Second, learn the "legal foundation" well

Classes are the practical needs of contemporary young people to improve their own quality and safeguard their own rights and interests.

7. Several issues that should be paid attention to when studying the "Foundations of Law" course

(1) Pay attention to the unity of the professionalism and extensive connection of the law,

(2) pay attention to the unity of the class and social nature of the law; (3)

Pay attention to the unity of the theory and practice of law, and (4) pay attention to the unity of the national and international nature of law.

Chapter 1: Basic Theory of Socialist Law

1 The basic characteristics of law, (u) law is a special social norm. (2) the law is formulated or approved by the state, and (3) the law

The rights and duties of the people are stipulated, and (4) the law is guaranteed to be implemented by the coercive power of the state and is universally binding. ”

2. The essence of the law:

(1) Law is the embodiment of the common will of the ruling class, which rises to the will of the state:

(2) The rule reflected in the law

The content of the class will is determined by the material conditions of life in society, that is, the law has a material rooting nature.

(3) Other factors other than the economy also have an impact on the law. In summary, the definition of law. Law is a system of norms enacted or recognized by the state and enforced by the coercive power of the state, reflecting the will of the ruling class, the content of which is determined by the ruling class

of material living conditions. Law recognizes, protects and develops pairs by stipulating the rights and duties of people in their mutual relations

Favorable social relations and social order of the ruling class.

3. The essence of socialist law

(1) It is the embodiment of the common will of the broad masses of the people led by the working class, and (2) It is the workers, who have risen to the will of the state

(3) The content of the common will of the broad masses of the people led by the working class is attributed

In the final analysis, it is determined by the material living conditions of our country;

4 Main features of the Socialist Law:

(1) It is the unity of class and people's nature; (2) it is a normative and social ---; (3) It is scientific and fair

of the system--; (4) It is the unification of rights and obligations; (5) It is the coercive power of the state and the people's conscious observance; (6)

It is the unity of the party's proposition and the people's will. To sum up, we believe that the definition of China's socialist law can be expressed as follows:

China's socialist law is a system of behavioral norms formulated by socialist countries and guaranteed to be implemented by the state's coercive force

The broad masses of the people led by the working class of our country are determined by the material living conditions at different stages of the development of socialism in our country

The interests of the common will, which affirm, protect, and develop in the interest of the productive forces by means of prescribing legal rights and obligations

The development of socialist social relations, the improvement of the people's living standards, and the enhancement of comprehensive national strength are the key to the realization of the people

It is an important tool for building socialism with Chinese characteristics as masters of the country.

5. The role of socialist law:

(1) The role of law: refers to the influence of law on social life, and is the manifestation of the essence of law in society. Law has norms

The role of behavior is the normative role of law, and the social role of law is the role of social adjustment. (2) The society of socialist law

Function: A Socialist Law promotes and guarantees the construction of socialist material civilization; B. Socialist law promotes and guarantees socialism

political civilization construction; C. The Socialist Law promotes and guarantees the construction of socialist spiritual civilization; D Socialist Law Promotes and Guarantees

The development of foreign economic, political and cultural relations.

6. Legislative enactment: also known as legislation, it is usually understood in both broad and narrow senses. Legislative enactment in a broad sense generally refers to the presence of relevant state organs

Within the scope of its statutory authority, in accordance with legal procedures, the formulation, revision, supplementation, and abolition of various normative documents. narrow

The enactment of laws refers exclusively to the enactment, amendment, supplementation, or repeal of the highest organ of state power (or the National Assembly, the national legislature, etc.).

Basic laws (or codes) and the activities of the law.

7. Characteristics of law-making: (1) Law-making is the exclusive activity of the state, and it is the activity carried out by state organs in accordance with statutory functions and powers

one of the legal forms. (2) The enactment of laws is an activity carried out by state organs in accordance with legal procedures. (3) The enactment of laws is the system

Fixed, revised, supplemented, and abolished various normative documents. 8. There are three stages of law enactment: (1) the preparatory stage of law enactment; (2) the establishment stage of the law; (3) Law

The development stage of the system.

9. The guiding ideology of China's law formulation is: Marxism-Leninism, MZD Thought, Deng Xiaoping Theory and | Three represents".

10. The basic principles of law formulation: (1) seeking truth from facts, proceeding from reality in everything, and (2) adhering to principles and flexibility

(3) maintaining the seriousness, stability and continuity of the law; (4) Adhere to the mass line, adhere to the leadership and the masses

combined; (5) Selectively absorb and draw on the experience of China's historical and foreign property law.

and violating the law

(1) Warnings and punishments, such as giving the offender criticism, warnings, circulars, and so forth.

(2) Property penalties, such as fines, confiscation of unlawful gains, confiscation of illegal property, and so forth;

(3) Conduct penalties, such as ordering the suspension of production and business, temporarily withholding or revoking permits or business licenses, suspending or canceling professional qualifications, and so forth;

(4) Physical punishment, such as administrative detention;

(5) Other administrative punishments provided for by laws and administrative regulations.

Related Knowledge:

Decisions on administrative penalties in the Provisions on Procedures for Handling Road Traffic Safety Violations:

Article 40 If the traffic police find that the circumstances of the illegal acts discovered on the spot are minor and do not affect road traffic and safety, they shall orally inform them of the basic facts and basis of the illegal acts, give oral warnings to the violators, and release them after correcting the illegal acts.

The traffic management departments of the public security organs of all provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of actual conditions, determine the specific scope and implementation measures for the application of verbal warnings.

Article 41: Where a warning or a fine of up to 200 RMB is given to the violator, the summary procedures may be applied.

Where a fine of 200 RMB or more is imposed, or a motor vehicle driver's license is temporarily seized or revoked on the offender, the ordinary procedures shall be applied. Where it is not necessary to take administrative compulsory measures, the on-site traffic police shall collect and fix relevant evidence, and draft a notice of handling the illegal acts.

Where administrative detention is imposed on the offender, it is to be implemented in accordance with the "Provisions on the Procedures for the Handling of Administrative Cases by Public Security Organs".

Article 42 Where summary procedures are applied, a traffic police officer may make a punishment, and the following procedures shall be followed:

(1) Verbally inform the offender of the basic facts of the violator's violation, the proposed administrative punishment, the basis, and the rights they enjoy in accordance with law;

(2) Hearing the violator's statements and defenses, and where the facts, reasons, or evidence submitted by the violator are sustained, they shall be accepted;

(3) Drafting a summary procedure punishment decision;

(4) The penalty decision shall be signed by the penalized person, signed or sealed by the traffic police, and stamped with the seal of the traffic management department of the public security organ; If the penalized person refuses to sign, the traffic police shall indicate this on the penalty decision;

(5) The punishment decision shall be delivered to the person being punished on the spot; If the penalized person refuses to accept it, the traffic police shall indicate it on the penalty decision, and it shall be served.

The traffic police shall, within two days, report the summary procedure penalty decision to the traffic management department of the public security organ for the record.

Article 43: The summary procedure punishment decision shall clearly indicate the basic circumstances of the person being punished, the license plate number, the type of vehicle, the facts of the violation, the basis for the punishment, the content of the punishment, the method of performance, the time limit, the name of the punishment organ, and the administrative reconsideration and administrative litigation rights enjoyed by the punished person in accordance with law.

Article 44: The drafting and issuance of notices for the handling of illegal conduct shall be carried out in accordance with the following procedures:

(1) Verbally inform the offender of the basic facts of the violator's violation;

(2) Hearing the violator's statements and defenses, and where the facts, reasons, or evidence submitted by the violator are sustained, they shall be accepted;

(3) Draft a notice of disposition of illegal conduct, and notify the parties to accept the disposition within 15 days;

(D) the notice of handling of illegal acts shall be signed by the violator, signed or sealed by the traffic police, and stamped with the seal of the traffic management department of the public security organ; If the party refuses to sign, the traffic police shall indicate this on the notice of handling the violation;

(5) The notice of disposition of the illegal conduct shall be delivered to the parties on the spot; If the party refuses to accept it, the traffic police shall indicate it on the notice of handling the violation, and it shall be served.

The traffic police shall, within 24 hours, report the notice of handling the illegal act to the traffic management department of the public security organ for the record.

The system of legal copying has become more and more perfect. These include:

The Constitution and its related laws (e.g., the Election Law, the Organic Law of the State Council, etc.).

Criminal law.

Civil and Commercial Law. (e.g. General Principles of Civil Law, Contract Law, Law on Liability for Infringement of Rights, Company Law, etc.)

Administrative Degree Act. (Such as the Administrative Licensing Law, the Administrative Punishment Law, the Administrative Compulsion Law, the Administrative Compensation Law, etc.) ）

Procedural law includes three major procedural laws: criminal procedure law, civil intellectual procedure law, and administrative procedure law.

Social Law. (e.g. Labor Contract Law, etc.)

Economic. (e.g. tax law, consumer rights protection law, etc.) ）

Let's talk about it

Criminal law is a law that stipulates crimes and punishments, and is a general term for the legal norms of the ruling class that holds power in order to safeguard the interests of its own class, in the name of the state, according to its own will, which acts are crimes and what criminal penalties are given.

Criminal law is divided into broad and narrow senses. Criminal law in the broad sense is the general term for all criminal legal norms, and criminal law in the narrow sense only refers to the criminal code, which is the Criminal Law in China. [1] Where it is linked to broad criminal law and narrow criminal law, criminal law can also be divided into ordinary criminal law and special criminal law. Ordinary criminal law refers to criminal law that has the effect of general application, in fact, the penal code. Special criminal law refers to criminal law that applies only to specific persons, times, places, and events (crimes). In our country, it is also called a separate criminal law and a subsidiary criminal law.

On November 4, 2017, the 30th Session of the Standing Committee of the 12th National People's Congress passed Amendment (10) to the Criminal Law. The revised Criminal Law will come into force on November 4, 2017. This is also the tenth amendment to the Penal Code following the comprehensive revision of the Penal Code in 1997.