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Law-4
Legal framework, law is formulated and recognized by the state and guaranteed to be implemented by the state. It reflects the will of the ruling class determined by specific material living conditions and is based on rights and obligations to confirm, protect and develop the social relations and expectations of the ruling class. A system of behavioral norms for the purpose of social order.
Edited at 2023-12-18 21:41:02
- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
- Project Management Process Template
Project management is the process of applying specialized knowledge, skills, tools, and methods to project activities so that the project can achieve or exceed the set needs and expectations within the constraints of limited resources. This diagram provides a comprehensive overview of the 8 components of the project management process and can be used as a generic template for direct application.
Law-4
- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
- One Hundred Years of Solitude Character Relationship Chart
One Hundred Years of Solitude is the masterpiece of Gabriel Garcia Marquez. Reading this book begins with making sense of the characters' relationships, which are centered on the Buendía family and tells the story of the family's prosperity and decline, internal relationships and political struggles, self-mixing and rebirth over the course of a hundred years.
- Project Management Process Template
Project management is the process of applying specialized knowledge, skills, tools, and methods to project activities so that the project can achieve or exceed the set needs and expectations within the constraints of limited resources. This diagram provides a comprehensive overview of the 8 components of the project management process and can be used as a generic template for direct application.
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- Outline
law
jurisprudence
concept of law
Law is formulated and recognized by the state and guaranteed to be implemented by the state. It reflects the will of the ruling class determined by specific material living conditions. It is based on rights and obligations and aims to confirm, protect and develop the social relations and social order expected by the ruling class. Purpose code of conduct system.
the role of law
concept of law
The role of law refers to the influence of law on the social relations formed between people. It shows the operation of state power and the realization of the state's will.
normative role of law
guiding role
evaluation role
educational role
Prediction
coercion
The social role of law.
role in maintaining class rule.
Maintain social public interests and perform social and public affairs.
The relationship between law and other social phenomena.
Law and Morality
The generation methods are different.
Standards of behavior are different.
Law is written morality, morality is inner law
There are different forms of existence.
The adjustment methods are different.
The operating mechanism is different.
The methods of coercion are different.
The solution is different.
law and economics
The relationship between law and economic foundation: The economic foundation determines the nature of law, and law reacts on the economic foundation.
The relationship between law and social productivity: the level of productivity development directly affects the development level of law.
law and politics
Politically Dominated Law
Law regulates politics.
law and policy
The essence of law and party politics are the same, but they are different.
Laws are enacted or recognized by the state, are the claims of the state, and have the attributes of the state's will.
Laws are enforced by the state and have universal binding force.
Law is expressed in the form of normative documents such as constitutions, laws, and regulations.
The content provided by the law is relatively specific, clear and detailed.
The law is relatively stable.
force of law
The concept of legal validity
The effectiveness of law is a kind of legal force that people should behave in accordance with the behavioral patterns stipulated by the law and must obey.
Types of legal effects.
The object validity of the law.
personalism
territorialism
protectionism
It focuses on territorialism and combines it with personalism and protectionism.
space effect of law
Includes territory, territorial waters, their subsoil and airspace.
time effect of law.
The effective date of the law.
Effective from the date of promulgation of the law.
The law stipulates the specific effective time.
It stipulates that after the law is promulgated, it will take effect when certain conditions are met.
The time when the law ceases to take effect.
express repeal
tacit annulment
The retroactivity of the law.
level of legal effectiveness
The effectiveness of upper-level laws is higher than that of lower-level laws.
Among laws of the same level, special laws are superior to general laws.
New law is better than old law
legislation
Legislation concept.
Legislation refers to the activities of relevant state agencies to formulate, modify, abolish and supplement normative legal documents within the scope of legal authority and in accordance with legal procedures.
origins of law
Formal sources of law: those materials that have express legal effect and directly serve as normative sources for legal persons to make legal decisions.
Informal sources of law: those sources of norms that do not have the legal effect of express provisions, but are legally persuasive and can form the major premise of legal decisions by legal persons.
Legal System
law Department
Constitution and Constitution-Related Laws
Civil Law and Commercial Law
administrative law
economic law
social law
criminal law
Litigation and non-litigation procedures
Different levels of legal regulations.
law
Administrative regulations
Local regulations.
Self-made regulations and separate regulations
The level of effectiveness of legal norms.
Key points of the new Legislation Law of 2015.
Grants local legislative power to districted cities.
Give full play to the leading role of the National People's Congress in legislative work.
Strengthen the pertinence and enforceability of laws.
Taxes must be legal
Set limits on delegated legislation.
Specific adjustments or suspension of the application of certain laws.
Listen to opinions and promote democratic legislation.
Establish a legislative evaluation mechanism.
Establishing regulations shall not limit the rights of citizens.
Judicial interpretation is limited to the Supreme People's Court and the Supreme People's Procuratorate.
enforcement of law
law enforcement
Nature: Refers to the activities of state administrative agencies and their public officials in exercising management powers, performing duties, and implementing laws in accordance with the law.
Features.
Law enforcement is the comprehensive management of society in the name of the state and has national authority.
The subjects of law enforcement are state administrative agencies and their public officials.
Law enforcement is state-mandated.
Law enforcement is proactive and unilateral.
judicial
Nature: Refers to the specialized activities of national judicial organs specifically applying laws to handle cases in accordance with statutory powers and legal procedures.
Features
The judiciary is a specialized activity involving specific state organs and their public officials that implement laws in accordance with legal powers and has national authority.
Judiciary is the activity of judicial organs to implement laws with the backing of state coercion, and it is state-mandated.
Judiciary is an activity in which judicial organs use the law to handle cases in accordance with legal procedures. It has strict procedural and legality
Judiciary must have legal documents that express the results of the application of the law, such as judgments, rulings and decisions.
abide by the law
legal liability
Legal liability concept.
Certain adverse legal consequences that an actor should suffer due to illegal acts, breach of contract or legal provisions.
Components of legal liability.
theme
Illegal conduct or breach of contract.
damaging facts
subjective fault
causation
Classification of legal liability.
civil liability
criminal responsibility
Main punishment and additional punishment.
administrative responsibilities
Administrative sanctions and administrative penalties.
Unconstitutional liability
constitution
Overview of the Constitution
concept of constitution
fundamental law of the country
Characteristics of the Constitution
The constitution is the fundamental law of the country
Fundamental content - The Constitution stipulates the most fundamental and important issues of a country.
It stipulates the fundamental system of the country: the socialist system
It stipulates the fundamental task of the country: to concentrate its efforts on socialist modernization
Supreme validity - The Constitution has the highest legal validity.
Strict amendments - The constitution is more stringent than other legal amendments.
More than 2/3 of all representatives agree
More than half of all general legal representatives agreed
The Constitution is the guarantee of citizens' rights.
The constitution is the basic form of legalization of democratic facts.
The provisions of our country’s constitution on the democratic system are mainly reflected in the following:
The constitution, in which the people are the masters of the country, was confirmed in the form of a fundamental law.
It stipulates the basic principles and organizational form of the People's Congress system.
Electoral System
Grassroots mass autonomous organizations, etc.
Basic principles of the Constitution.
The principle of people’s sovereignty (sovereignty refers to the supreme power of the country, and all power belongs to the people)
basic human rights principles
Written into the Constitution in 2004 to respect and protect human rights
power restriction principle
supervise
democratic centralism
rule of law principles
1994 Amendment
Ruling the country according to law and building a socialist country ruled by law are written into the Constitution
2018 Amendment
Improve the socialist "legal system" and change it to "the rule of law"
legal system
Legal system (legalization, institutionalization)
rule of law
Legal rule (principles and methods of governing the country: acting in accordance with the law, not the willfulness of those in power)
Rule by man
Classification of constitutions
Manifestations
Written constitution--refers to a constitution in a uniformly issued form.
Unwritten constitution - refers to a constitution that has the form of a unified code and is found in various legal documents, constitutional precedents and constitutional conventions.
According to the formulation of the constitution, the amendment procedures are calculated, and the different degrees of strictness can be divided into rigid constitutions and flexible constitutions.
According to the different constitution-making organs, it can be divided into imperial constitution, agreement constitution and express constitution.
According to the constitution, the specific content can be divided into programmatic constitution and confirmatory constitution.
According to the type of country and the nature of the current class, it can be divided into a capitalist type of constitution and a socialist type of constitution.
Structure of the Constitution.
Preface
text
additional responsibilities
History of the Constitution.
four firsts
The world’s first written constitution: The 1787 Constitution of the United States
The first written constitution in continental Europe: The French Constitution of 1797
The world’s first socialist constitution: the 1918 Constitution of Soviet Russia
my country's first socialist constitution: the 1954 "Constitution of the People's Republic of China"
the constitution of new china
Constitutional document: "Common Program of the Chinese People's Political Consultative Conference"
four constitutions
1949 Common Program of the Chinese People's Political Consultative Conference (Provisional Constitution)
1954 Constitution (May 4th Constitution)
1975 Constitution
1978 Constitution
1982 Constitution
four constitutional amendments
1988.4.12
The private economy is included in the constitution (protecting the legitimacy of the private economy) Land use rights can be transferred according to law
1993.3.29
The country implements a socialist market economy
1999.3.15
basic economic system
2004.3.14
Human rights are included in the constitution, and the national anthem is included in the constitution
2018.3.11
The Communist Party of China is the most essential feature of socialism in China
system
State system - state system
The nature of the country, that is, the state system, refers to the class nature of the country and reflects the status of each social class in the country.
Our country's state system is the people's democratic dictatorship.
Our country’s fundamental system: The People’s Republic of China is a socialist country under the people’s democratic dictatorship led by the working class and based on the alliance of workers and peasants.
Government - political system
The form of political power organization and political system refers to the form in which the class that holds state power organizes state organs to realize its class rule. It is the way to form and express the will of the state.
fundamental political system
The organizational form of political power (fundamental political system) in our country is the People's Congress system.
basic political system
The party system and the patriotic united front.
A system of multi-party cooperation and political consultation led by the Communist Party of China.
patriotic united front
system of regional ethnic autonomy
The concept of regional ethnic autonomy system.
The system of regional ethnic autonomy refers to the establishment of corresponding autonomous areas and autonomous organs based on ethnic minority inhabited areas under the unified leadership of the state to exercise autonomy and enable the people of the ethnic groups that practice regional autonomy to independently manage their own ethnic groups. system of local affairs.
The organs of self-government of ethnic autonomous areas.
Ethnic autonomous areas are administrative regions that only implement ethnic regional autonomy. Ethnic autonomous areas include autonomous regions, autonomous prefectures and autonomous counties. The people's governments of ethnic autonomous areas implement the responsibility system of chairman, governor and county head respectively.
The right of autonomy of ethnic autonomous areas
Formulate autonomous regulations and separate regulations.
Implement national laws and policies based on the actual conditions of local ethnic groups.
Manage local finances autonomously.
Independently manage local economic construction.
Independently manage education, science, culture, health, and sports.
Organize public security forces to maintain public security.
Use the native language.
Grassroots mass autonomous organizations
concept
Grassroots mass autonomous organizations refer to social organizations that implement self-management, self-education, and self-service, established in accordance with relevant laws and regulations, with a certain place of residence of urban and rural residents as the link and scope, and composed of members elected by residents.
village committee
The relationship between village committees and grassroots political power: assistance
The establishment and composition of the village committee: 3 to 7 people
Villagers' meeting: composed of villagers over 18 years old in the village.
residents committee
The relationship between neighborhood committees and grassroots political power: guidance, support and assistance.
The establishment and organization of neighborhood committees: 100 to 700 households is the range of the number of residents under its jurisdiction; neighborhood committees are composed of five to nine people.
Residents' covenant: It is discussed and formulated by the residents' meeting, reported to the people's government of the city or municipal district where the community is located or its dispatched agency for record, and is supervised and implemented by the residents' committee.
economic systems
The basis of my country's socialist economic system is the socialist public ownership of the means of production, that is, ownership by the whole people and collective ownership by the working people.
The public ownership economy refers to the state-owned and collective components in the state-owned economy, collective economy and mixed ownership economy.
Resource ownership: Mineral deposits, water flows, forests, mountains, grasslands, wasteland, tidal flats and other natural resources are owned by the state, that is, owned by the whole people (mineral deposits and water flows are only owned by the state)
Non-public ownership economy refers to all forms of economic structure except the public ownership economy form at the current stage of our country.
Socialist public property is sacred and inviolable, and the state protects socialist public property.
basic economic system
In the primary stage of socialism, the country adheres to the basic economic system in which public ownership is the mainstay and multiple ownership economies develop together.
distribution system
Our country adheres to a distribution system in which distribution according to work is the mainstay and a variety of distribution methods coexist.
Electoral System
Overview
The electoral system is a general term for the principles, procedures and methods for electing representatives of national representative organs and national public officials stipulated by the ruling class of a country through laws.
Basic principles of our country’s electoral system.
The universal principle of suffrage.
Have Chinese nationality and be a citizen of the People's Republic of China.
Be 18 years or older.
Enjoy political rights in accordance with the law.
Expand
endanger national security
life imprisonment
death penalty
Must be deprived of political rights
The principle of equality of suffrage.
The principle of using both direct and indirect elections.
secret voting principle
electoral body
Organizational structure of direct elections: Where direct elections are implemented, an election committee is established to preside over the election of deputies to the people's congress at the same level.
The organizational structure of indirect elections: Indirect elections are presided over by the Standing Committee of the People's Congress at the same level; the election of deputies to the National People's Congress in special administrative regions is presided over by the Standing Committee of the National People's Congress.
Material and legal guarantees for elections.
special administrative region system
Concept: A special administrative region refers to an administrative region within the territory of my country that is established in accordance with the provisions of the Constitution and the Basic Law of the country, has special legal status, and implements special political and economic systems.
Features.
The Special Administrative Region enjoys a high degree of autonomy.
Administrative power.
legislative power
Independent judicial power and final adjudication power.
The right to handle external affairs on their own.
The Special Administrative Region will maintain its original capitalist system and way of life unchanged for 50 years.
The administrative agencies and legislative bodies of the Special Administrative Region are organized by the permanent residents of the region in accordance with the relevant provisions of the Basic Law.
The original laws of the Special Administrative Region remain basically unchanged.
The relationship between central agencies and the special administrative regions.
National People's Representative Meeting
Decide on the establishment of special administrative regions and their systems.
The exclusive power to formulate and amend the Basic Law of the Special Administrative Region.
NPC Standing Committee
The right to interpret the Basic Law.
The right to file and review special zone legislation.
The SAR has the right to decide whether to enter a state of emergency.
State Council
Responsible for managing foreign affairs related to the SAR.
Responsible for managing the defense of the special zone.
Appoint the Chief Executive and other principal administrative officials of the SAR.
State structural form
Overview
The form of national structure refers to the form of adjusting the relationship between the whole and parts of the country, and between the central and local governments according to certain principles during the ruling stage of a specific country.
There are currently two main types of state structure in the country: unitary system and federal system.
my country’s national structural form—unitary system (reasons)
Historical reasons: Since Qin Shihuang unified China, our country has established a unified centralized state.
Ethnic reasons: Our country is a multi-ethnic country. The historical situation and ethnic relations of a nation determine that under the specific conditions of our country, it is not suitable to adopt a federal system. Instead, a unitary state structure should be adopted.
Features
Solve ethnic issues under the unitary system by establishing a system of ethnic regional autonomy.
Solve the historical problems left under the unitary system by establishing a special administrative region system.
my country's administrative divisions.
The country is divided into provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions established by the state when necessary.
Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities; municipalities directly under the Central Government and larger cities are divided into districts and counties.
Autonomous prefectures are divided into counties, autonomous counties and cities
Counties and autonomous counties are divided into townships, ethnic townships and towns.
Rights and obligations of our citizens
that power
right to equality
Political rights and freedoms.
The right to vote and the right to be elected
Political freedom of speech, press, association, assembly, procession, demonstration, etc.
Supervision power
criticism and suggestions
Appeal
courts and prosecutors
accuse
Reveal illegal and criminal facts to judicial authorities
Report etc.
Report to the party organization and disciplinary inspection agency any violation of laws, discipline or unhealthy practices by party members or party organizations
Religious freedom.
Personal freedom.
Right to life
Personal freedom.
Personal dignity shall not be violated.
The residence is inviolable.
Freedom of communication and secrecy of communication.
socioeconomic rights
property
labor rights
Workers’ right to rest.
The right to material assistance.
cultural and educational rights
The right to education.
Freedom to conduct scientific research, literary and artistic creation and other cultural activities.
The right to supervision and the right to compensation.
Supervision power
The right to criticize and suggest.
The right to complain and report.
Right of appeal.
right to compensation
rights of specific subjects.
Protect women's rights.
Protect the rights of retirees.
Protect the rights of military martyrs’ families.
Protect the rights of persons with disabilities.
Protect marriages, families, mothers, children and the elderly.
Protect the rights of overseas Chinese, returned overseas Chinese and their family members.
rights of foreigners
The state protects the rights of foreigners.
right to asylum
obligation
Maintain national unity and unity of all ethnic groups.
Abide by the Constitution and laws, protect state secrets, care for public property, observe labor discipline, observe public order, and observe social merit.
Safeguard the security, honor and interests of the motherland.
Protect the motherland, perform military service and join militia organizations in accordance with the law.
Pay taxes according to law
Other basic obligations.
National institution
leader of a nation
President of the country
The nature and status of the president of the country.
The President of the People's Republic of China is an important part of our country's national institutions and represents the country internally and externally. The President exercises the powers of the President as stipulated in the Constitution in accordance with the law.
The emergence and term of office of the national president.
The president and vice-presidents of the country are elected by the National People's Congress. Citizens of the People's Republic of China who are 45 years old or older and have the right to vote and be elected can be elected as the President and Vice President of the country. The term of office of the President is the same as that of the National People's Congress, which is five years and shall not serve more than two consecutive terms.
powers of the President of the country.
Promulgate laws and issue orders.
Appoint and remove members of the State Council and plenipotentiary representatives abroad.
Diplomatic power
Rong Dianquan
Vice President of the State
State authority
National People's Congress and its Standing Committee
Overview
All power in the People's Republic of China belongs to the people.
The National People's Congress is the highest organ of state power and the highest national legislative body.
The National People's Congress is composed of representatives elected by provinces, autonomous regions, municipalities directly under the Central Government, special administrative regions and the military.
The National People's Congress is elected for a term of five years and is held once a year.
The stage when the National People’s Congress passes bills.
Make a motion.
Consider motions
Proposals passed by voting: The constitution is adopted by a majority of more than two-thirds of all deputies to the National People's Congress; laws and other bills are passed by a majority of more than half of all deputies of the National People's Congress.
Promulgate laws and resolutions.
Rights and obligations of deputies to the National People's Congress
that power
The right to attend National People's Congress meetings, participate in the review of various bills, reports and other issues, and express opinions.
Propose motions, interrogatories, and recall cases.
Provide suggestions, criticisms and opinions on all aspects of work.
Participate in all elections and voting.
Information, material and other protection rights.
The right to special protection in life
Immunity of speech.
Other rights, such as visits, inspections, etc.
obligation
Exemplarily abide by the constitution and laws, protect state secrets, and assist in the implementation of the constitution and laws in the production, work and social activities in which they participate.
Attend the National People's Congress meeting on time to carefully review various bills, reports and other issues, express opinions, and do a good job in various tasks during the meeting.
Actively participate in uniformly organized inspections, special investigations, and law enforcement inspections.
Strengthen duty performance study and investigation and research, and continuously improve the ability to perform representative duties.
Maintain close contact with the original electoral units and the people, listen to and reflect their opinions and demands, and strive to serve the people.
Consciously abide by social ethics, be honest and self-disciplined, fair and upright, and be diligent and conscientious.
Other obligations prescribed by law.
powers of the National People's Congress.
The nature and status of the Standing Committee of the National People's Congress.
The composition and term of office of the Standing Committee of the National People's Congress.
powers of the Standing Committee of the National People's Congress.
Local people's congresses at all levels
state administrative agencies
State Council
Nature, composition and term of office of the State Council.
The State Council of the People's Republic of China is the central people's government, the executive organ of the highest state power organ, and the highest state administrative organ.
The State Council is composed of the following personnel: the Prime Minister, Vice Premiers, several Prime Ministers, several State Councilors, ministers of ministries, directors of various committees, the Auditor General, and the Secretary-General.
Each term is five years, and the Prime Minister, Vice-President, and State Councilor may not serve more than two consecutive terms.
The leadership structure of the State Council.
The State Council implements the prime minister's responsibility system, which includes leadership rights, nomination rights, convening and chairing meetings, and signing rights.
The powers of the State Council
local people's governments at all levels
Office
office
Comprehensive political and administrative management agency
supervise
civil affairs
public security
judicial
Guoan
foreign affairs
personnel
prepared by
ethnic affairs
religious affairs
overseas Chinese affairs
Agency affairs
Comprehensive financial and economic management agency
plan
economy
foreign trade
committee
audit
financial
labor
tax
statistics
substance
Urban and Rural Construction Environmental Protection
Department, bureau
Financial and Economic Professional Management Organization
metallurgy
Chemical industry
mechanical Engineering
Mechanical and electrical industry
Textile industry
supplies
agriculture
forestry
water conservancy
food
Business
Industrial and commercial administration
Scientific, educational, cultural and health management institutions
Science & Technology
sports
family planning
educate
Broadcasting
News Publishing
national judiciary
judicial organ
People's Court
The nature and composition of the people's courts.
The People's Court is an institution that independently exercises the country's judicial power in accordance with the law.
Supreme People's Court
The dean shall not serve for more than two consecutive terms.
The death penalty is approved by the Supreme Court
Local people's courts at all levels
Deans are elected and removed by local people’s congresses at all levels
Powers of the People's Court.
Hear ordinary civil, criminal, economic and administrative cases.
The system by which the people's courts exercise judicial power.
Two-judge system
collegial system
Judgment committee system
trial supervision system
avoidance system
Inspection (public prosecution) agency
People's Procuratorate
The nature and composition of the People's Procuratorate.
The People's Procuratorate is the country's legal supervision agency.
The Prosecutor General of the Supreme People's Procuratorate is elected and dismissed by the National People's Congress.
The term of office of the Chief Prosecutor of the Supreme People's Procuratorate is five years, and he may not serve more than two consecutive terms.
Powers of the People's Procuratorate
Establish a case for investigation
Approval of arrest.
File a public prosecution
Investigation and supervision
trial supervision
executive supervision
national supervisory authority
meaning
The Supervisory Committee exercises state prosecutorial functions, Supervise all public officials exercising public authority, Investigate official violations and official crimes, and carry out clean government building and anti-corruption work
composition
National Supervisory Commission
Supreme Supervisory Body: Leading Places
Local supervisory committees at all levels
produce
Produced by state power organs, responsible to it, and subject to its supervision
supervisory power
Exercise supervisory power independently without interference from administrative agencies
Handle cases of occupational violations and occupational crimes, and cooperate with and restrict each other with the judicial organs, prosecutorial organs, and law enforcement departments
Responsibilities
Supervisory responsibilities
Investigative duties
Disposal duties
One mansion Both Houses First committee
state military agencies
Central Military Commission
General Office of the Military Commission
Joint Staff Department of the Military Commission
Political Work Department of the Military Commission
Logistics Support Department of the Military Commission
Military Commission Equipment Development Department
Military Commission Training and Management Department
Ministry of National Defense Mobilization
Discipline Inspection Commission of the Military Commission
Political and Legal Affairs Committee of the Military Commission
Science and Technology Committee of the Military Commission
...15 functional departments
Civil and commercial law
civil law
Concepts and principles of civil law.
The concept of civil law: a general term for the legal normative system that regulates personal and property relations between natural or legal persons who are equal subjects.
basic principles of civil law.
principle of equality
Voluntary principle.
The principle of fairness.
Honesty and trustworthiness
Law-abiding principle
The principle of public order and good customs: the synthesis of public order and good customs.
The principle of prohibiting abuse of rights.
natural person
The concept of natural person: a person who is born according to the laws of nature and obtains civil subject qualifications.
The civil power capacity of natural persons: the qualifications of natural persons to enjoy civil rights and bear civil obligations confirmed by law.
The civil capacity of natural persons.
Full capacity for civil conduct: citizens over 18 years old; citizens over 16 years old but under 18 years old who rely on their own labor income as their main source of living.
Restricted civil capacity: minors over 10 years old and mental patients who cannot fully recognize their own behavior
Incapacity for civil conduct: minors under 10 years old and mental patients who cannot recognize their own behavior.
guardianship
legal guardianship
Appointment of guardianship.
Entrusted guardianship
Declared Missing and Declared Dead.
Declared missing.
The legal period for declaring a missing person is two years from the day after the disappearance of the missing person.
If a person is missing during the war, the period of disappearance shall be calculated from the end of the war.
After receiving the interested party's application for declaration of disappearance, the court first issues a search announcement for three months. After the expiration of the announcement period, the person disappears and the facts are confirmed. The court declares the person missing.
Declared dead.
If a natural person's whereabouts remain unknown for four years, he or she may apply to the court for a declaration of death.
If a natural person's whereabouts are unknown due to an accident, he or she may apply to the court for a declaration of death after two years.
The whereabouts of a natural person should be unknown accidentally, but the relevant agency can prove that there is no time limit.
legal person
Legal Entity Overview. : A person with the capacity for civil rights and capacity for civil conduct, a group that enjoys civil rights and bears civil obligations in its own name.
Requirements for the establishment of a legal person.
Established in accordance with the law
Have necessary property or funds.
Have its own name, organization and location.
Ability to independently bear civil liability.
Classification of legal persons (according to function establishment method and different sources of property)
Corporate
Nig.
Public institution legal person.
social group legal person
It is a non-profit social organization formed voluntarily by Chinese citizens to realize the common wishes of its members and carry out activities in accordance with its charter.
Common social groups include: various political groups, people's groups, social welfare groups, literary and art groups, and academic research groups.
The civil power capacity of legal persons: The law gives legal persons the qualifications to participate in civil legal relations, obtain civil rights, and assume civil obligations.
Legal person's capacity for civil conduct: The law gives legal persons the ability to independently conduct civil activities.
The civil liability capacity of legal persons.
Legal persons must be responsible for the actions of their legal representatives.
The court is responsible for the conduct of its staff in their duties.
Liability of legal persons for illegal activities.
acting
Agency concept.
Agency is a civil legal act in which an agent expresses or receives an expression of intention to a third party in the name of the principal within the authority of the agent, and the expression of intention takes effect directly on the principal.
Characteristics of agents
An agent is an agent who carries out civil activities within the scope of agency authority in the name of the agent.
The acts performed by the agent must have legal effect.
The agent independently expresses his or her intentions when performing agency activities.
The legal effects arising from agency actions are directly borne by the principal.
Rules for the exercise of agency.
No unauthorized agent
The agent exercises the power of agency in person and may not arbitrarily transfer the agency to others.
Agents should actively exercise their power of agency and fulfill their obligations of diligence and prudence
Agents shall not abuse their power of agency
apparent agency
It is a civil legal act in my own name.
The perpetrator has no agency.
There must be facts or reasons that make the counterparty believe that the actor has agency power.
Must treat others in good faith and be without fault.
The civil act between the actor and the counterparty must meet the effective requirements of a civil act.
Property rights
The concept of property rights.
The right holder has direct control and exclusive rights over a specific thing.
The principle of property rights.
The legal principle of property rights.
The principle of publicity and trust.
The principle of priority in the effectiveness of property rights.
Classification of property rights.
ownership
usufruct rights
security interest
Mortgage
Pledge rights.
lien
debt
Debt concept.
A debt refers to a legal relationship between specific parties requesting certain actions.
The basis for the debt.
contract debt
The concept of contract: an agreement between natural persons, legal persons or other organizations that are equal subjects to establish, change, and terminate civil rights and obligations.
General procedures for conclusion of contracts.
offer
promise
Conditional contracts and time-limited contracts.
Conditional Contract.
Term contract attached.
Rights of subrogation and revocation.
right of subrogation
Right of revocation
Validity of contract
Valid contract.
The parties concerned have corresponding civil capacity.
The parties’ intentions are true.
Does not violate the law or social public interests.
Void contract.
One party uses deception and coercion to conclude a contract that harms national interests.
Malicious collusion to harm the interests of the country, the collective or a third party.
Use legal forms to conceal illegal purposes.
Damage to social and public interests
Violate the mandatory provisions of laws and administrative regulations.
Contract whose validity is yet to be determined.
Behavior beyond the capacity of a person with limited capacity for civil conduct.
agent ultra vires
No right to dispose.
A revocable and changeable contract.
It was concluded due to a serious misunderstanding.
It is unfair at the time of conclusion of the contract.
If one party uses fraudulent coercion or takes advantage of others' danger to cause the other party to enter into a contract against its true intention, the injured party has the right to request the people's court or arbitration institution to change or cancel the contract.
Liability for breach of contract.
The concept of liability for breach of contract: the civil liability borne by one party to a contract if it fails to perform its contractual obligations, or if the performance of its contractual obligations does not comply with the contract.
Form of liability for breach of contract.
continue to perform
Take remedial measures.
compensation
liquidated damages
deposit
tort debt
The concept of tort.
General torts
The illegality of the conduct.
existence of damaging facts.
causation
The perpetrator is subjectively at fault.
special infringement
Guardian Responsibilities
product liability
traffic accident liability
Between motor vehicles: The party at fault shall be liable; if both parties are at fault, the liability shall be shared in proportion to their respective faults.
Between motor vehicles and non-motor vehicle drivers and pedestrians.
Full motor vehicle liability: The party with the motor vehicle shall bear all the compensation.
Full liability for pedestrians and non-motor vehicles: the motor vehicle party shall bear no more than 10% of the compensation amount.
If a pedestrian or a non-motor vehicle intentionally collides with a motor vehicle: the motor vehicle party is exempt from liability.
Medical malpractice liability
Environmental pollution liability
Liability for harm caused by keeping animals.
Liability for damage to items.
Ways to bear infringement liability.
Stop the violation.
remove obstacles
eliminate danger
Return of property.
Restore
compensation
apologize
Eliminate the impact and restore your reputation.
Debt of unjust enrichment: An act of obtaining a benefit without legal or contractual basis and causing losses to others.
Debt-free management: There is no legal or contractual obligation to perform management and services to avoid harm to the interests of others.
intellectual property
Copyright
subject of copyright
Copyright is also called copyright. Copyright owners have the rights to sign, publish, publish and receive remuneration for their literary, artistic, scientific and other works in accordance with the law.
object of copyright
Copyright law protects works in the fields of literature, art and science.
Copyrighted content
moral rights
Right of publication.
right of authorship
Right of modification
Protect the integrity of your work.
copyright property rights
right of reproduction
performance rights
broadcast rights.
exhibition rights
distribution rights
camera rights
Adaptation rights
Translation rights
right of compilation
The right to be paid.
Copyright term
The author's right of authorship, right of modification, and right to protect the integrity of the work are not limited in terms of protection period.
The right of publication and property rights are protected for the life of the author and 50 years after his death.
Objects not protected by copyright.
Official documents
current news
Calendars, tables of numbers, general tables and formulas.
patent
The subject of patent rights: a person who enjoys patent rights in accordance with the law and assumes corresponding obligations.
Objects of patent rights: inventions, utility models and designs.
Contents of patent rights: exclusive implementation rights, implementation licensing rights, full identification rights, transfer rights, etc.
Term of patent rights
The term of invention patent rights is 20 years.
The term of utility model and design patent rights is 10 years.
Objects not protected by patent law.
Inventions that violate the law, social ethics or hinder public interests.
scientific discovery
Rules and methods of intellectual activity.
Diagnosis and treatment methods of disease.
Animal and plant species.
Substances obtained by nuclear transformation methods.
Make a design that mainly serves as a logo for the pattern, color, or combination of the two on a flat printed matter.
Trademark rights
The subject of trademark rights.
The object of trademark rights: a trademark registered in accordance with the law.
Contents of trademark rights: exclusive rights, licensing rights, transfer rights, renewal rights, marking rights, and prohibition rights
Term of trademark rights.
A registered trademark is valid for 10 years.
After the validity period expires, applications for re-registration within 12 months before expiration will be valid for 10 years.
Failure to apply during this period will be granted a six-month grace period
Personal rights
The concept of personal rights.
Personal rights, also known as non-property rights, refer to rights that do not directly have property content and are inseparable from the subject's person.
Classification of personal rights
Personal rights
Right to life, body, health, name, name, portrait, reputation, privacy.
Identity rights.
Spousal rights, parental rights, custody rights, honor rights.
Marriage Law
Basic Principles of Marriage Law.
principle of freedom of marriage
monogamy principle
principle of equality between men and women
The principle of protecting the legitimate rights and interests of women, children and the elderly.
Implement the principles of family planning.
marry.
A prerequisite for marriage.
It is completely consensual for both men and women.
Must be of legal age. Boys must be no earlier than 22 years old, and girls must be no earlier than 20 years old.
Comply with monogamy
Prohibited Conditions of Marriage.
Marriage is prohibited between direct blood relatives and collateral blood relatives within three generations.
People suffering from medical conditions that do not warrant marriage are prohibited from marrying.
invalid marriage
Not of legal age for marriage
bigamy
Both parties have a kinship relationship that prohibits marriage.
Suffering from a disease that prohibits marriage before marriage and not recovering after marriage
voidable marriage
A marriage is established because the intention of the parties is not true.
The marriage established by the parties involved was deficient in the requirements for marriage.
property relations
Legal marital property system
Agreed marital property system
divorce
divorce by agreement
Litigation for divorce
A spouse of an active military member who requests a divorce must obtain the consent of the military member, unless one of the military personnel has a major fault.
The man may not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of the pregnancy.
inheritance law
Basic principles of inheritance law.
The principle of protecting citizens’ right to inherit private property.
The principle of equality between men and women in inheritance rights
The principle of caring for the elderly and the young.
The principles of mutual understanding, mutual accommodation, harmony and unity.
The principle of consistency between rights and obligations.
Legal inheritance
First-order legal heirs: Spouses, children, parents, widowed daughter-in-law to the father-in-law, widowed son-in-law to parents-in-law, and those who have fulfilled their main support obligations shall be regarded as first-order heirs.
Second order of legal heirs: brothers, sisters, grandparents, and maternal grandparents.
Testamentary inheritance and bequests (wills are valid)
Inheritance: The inheritance is distributed to the legal heirs.
Bequest: Distribution of inheritance to persons other than the state, collective or legal heirs.
Bequest support agreement.
Loss of inheritance.
Intentionally harming the deceased
Competing for the inheritance harms other heirs.
Abandoning the decedent, or mistreating the decedent in a serious manner.
The circumstances of forgery, tampering or destruction are serious.
Division of Estate.
Confirm the scope of the inheritance and draw the boundaries between the inheritance and common property.
Preserve the inherited portion of the fetus.
The division of inheritance should be conducive to the effectiveness of the inheritance.
Limited to the settlement of debts and the actual value of the inheritance
After the inheritance begins, if there is a legacy and support agreement, it will be handled according to the agreement; if there is a legal will, it will be handled according to the will; if there is no legacy support agreement and will, it will be handled according to the legal inheritance.
commercial law
criminal law
Basic principles of criminal law.
The principle of statutory crime.
Equal application of criminal law principles.
The principle of commensurate culpability and conduct.
Crime composition
crime object
The object of crime refers to the social relationship protected by our country's criminal law and violated by criminal acts.
Objective aspects of crime.
Harmful behavior: plays a central role in the objective aspects of crime.
Harmful results
The causal relationship between harmful behaviors and harmful consequences.
The time, place and method of the crime.
criminal subject
Criminal subjects refer to natural persons and units who commit acts that endanger society and should bear criminal responsibility according to law.
Capacity of natural persons for criminal liability.
Full capacity for criminal responsibility: A person over 16 years old with sound mental and physical functions and normal intellectual and knowledge development.
Completely incapable of criminal responsibility: persons under the age of 14 and persons who behave in a mentally ill or unable to control their actions.
Relatively incapable of criminal responsibility: A person who is over 14 years old but under 16 years old shall be criminally liable for crimes such as intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, and release of dangerous substances.
Ability to reduce criminal liability: minors who are over 14 years old but under 18 years old, people who are over 75 years old, deaf and dumb people, blind people, and mentally ill people who have not completely lost the ability to recognize or control their own behavior.
Subjective aspects of crime.
criminal intent
directly intentional
Indirectly intentional.
criminal negligence
Negligent fault.
The fault of overconfidence
Reasons for exclusion of crime
Overview of criminal exclusion grounds.
Although the behavior objectively caused certain damage and ostensibly met the objective requirements of certain crimes, it actually did not have the social harmfulness of the crime, did not meet the constitution of the crime, and did not establish the cause of the crime according to law.
Not guilty incident
justifiable defense
The concept of self-defense.
defense cause
Defense object
defensive intent.
defense time
defense limit
Penalty for excessive defense
The penalty should be reduced or exempted.
But as a defense
emergency evacuation
The concept of emergency evacuation
Cause of risk aversion
Hedging object
hedging intention
Hedging time
hedging conditions
hedging limit
Punishment for excessive hedging
The penalty should be reduced or exempted.
Exceptions
Emergency evacuation does not apply to people with specific responsibilities in their positions or businesses.
Preparation, attempt and discontinuation of crime
crime preparation
Failure to commit the crime due to reasons beyond the perpetrator's will.
For a completed crime, the punishment may be lighter, reduced or exempted compared to the completed crime.
attempted crime
A crime has been committed but failed due to reasons beyond the will of the criminal.
For attempted offenders, the punishment may be lighter or reduced compared with completed offenders.
crime cessation
In the process of committing a crime, a criminal voluntarily gives up the crime or automatically and effectively prevents the consequences of the crime.
For suspension offenses, if no damage is caused, the punishment shall be exempted; if damage is caused, the punishment shall be reduced.
joint crime
Overview of joint crime.
concept
Crime refers to a deliberate crime committed by two or more people together.
crime qualifies
Must be two or more people.
There must be a common intention.
There must be common behavior.
constitute a joint crime.
Contributory criminal negligence.
Intentional negligence
The intentional content of the crime differs.
Different intentional contents can determine the different nature of behavior.
Committing a joint crime at the same time.
Exceeding the limit
Criminal conduct beyond the scope of common intention.
Helping behavior afterwards without collusion beforehand.
Acts of helping afterwards without collusion beforehand mainly refer to acts of harboring, shielding, concealing, and selling stolen goods afterwards, which do not constitute a joint crime.
Classification and criminal liability of accomplices.
principal offender
A person who organizes and leads a criminal group to carry out criminal activities, or plays a major role in a joint crime, is the principal criminal
The ringleaders who organize and lead criminal groups to carry out criminal activities shall be punished according to all the crimes committed by the group. That is, in addition to being criminally responsible for the specific crimes they directly committed and their results, the group members must also be punished according to the group's criminal plan. bear criminal responsibility for all crimes.
Accessory
In a joint crime, the person who plays a secondary or auxiliary role is the accomplice
Accomplices should be given lighter, reduced or exempted punishments
accomplice
A coerced accomplice is a person who is coerced to participate in a crime, that is, under the threat of others, he does not fully voluntarily participate in a joint crime.
For coercion and accomplices, the punishment should be reduced or exempted from punishment according to the circumstances of his crime.
Criminal boss
Instigating criminals refers to instilling one's criminal intention into a person who originally had no criminal intention by means of persuasion, inducement, instruction, encouragement, bribery, threats, etc., causing the person to commit a crime according to the instigator's criminal intention.
Anyone who instigates others to commit a crime shall be punished according to his role in the joint crime.
Anyone who instigates a person under the age of 18 to commit a crime shall be severely punished.
If the person being instigated does not commit the crime of instigation, the instigator may be given a lighter or reduced punishment.
penalty
main punishment
control
As a punishment that restricts personal freedom, the term of control is not less than three months but not more than two years, and the maximum penalty for multiple crimes is not more than three years.
If the person is detained before the execution of the judgment, one day of detention will be equivalent to two days of the sentence.
detention
Criminal detention is a term of criminal detention that deprives the offender of his personal freedom for a short period of time and carries out forced labor reform at the nearest place. The period of imprisonment is not less than one month but not more than six months, and if multiple crimes are punished concurrently, the maximum penalty shall not exceed one year.
If a person is detained before sentencing, one day of detention shall be equivalent to one day of the sentence.
imprisonment
Fixed-term imprisonment is a punishment method that deprives criminals of their personal freedom within a certain period of time and imprisons them in a certain place for forced labor reform.
The term of fixed-term imprisonment is not less than six months but not more than 15 years. When several crimes are punished concurrently, if the total term of imprisonment is less than 35 years, the maximum term shall not exceed 20 years; if the total term of imprisonment is more than 35 years, the maximum term shall not exceed 25 years.
life imprisonment
Life imprisonment is a method of punishment that deprives criminals of their lifelong freedom and forces them to reform through labor.
The term of a life sentence is calculated from the date the judgment is pronounced. The backlog of days before the judgment is pronounced cannot be used to offset the term of the sentence.
death penalty
The death penalty is a method of punishment in which the executioner deprives criminals of their lives based on their rights granted by law.
additional penalty
Fine: A penalty method in which the people's court sentences the criminal to pay a certain amount of money to the state.
Deprivation of political power: A method of punishment that deprives criminals of their right to participate in state management and political activities.
Confiscation of property: a penalty method that compels some or all of a criminal's personal property to be nationalized without compensation.
Deportation: A penalty method for forcing criminal aliens to leave China's borders.
recidivism
General recidivism
Generally, recidivists refer to criminals who, after being sentenced to a term of imprisonment or above, commit another crime within five years after completing the execution of the criminal law or being pardoned.
A person under the age of 18 who commits a crime is not considered a repeat offender.
particularly recidivist
Special recidivism refers to the situation where criminals who have committed crimes endangering national security, terrorism crimes, and organized crimes of a mafia nature commit any of the above crimes again at any time after the execution of their sentences or pardon.
Surrender and meritorious service.
Surrender yourself.
General surrender: A criminal who voluntarily surrenders after committing a crime and sometimes confesses his crime.
Special surrender: Criminal suspects, defendants and criminals serving sentences who have been subject to compulsory measures shall truthfully confess their other crimes that the judicial authorities have not yet grasped.
Make meritorious service
Criminals expose other people's criminal behavior and verify it to be true, or provide important clues to solve other cases.
If a criminal performs an ordinary meritorious service, he may be given a lighter or reduced punishment; if a criminal performs a major meritorious service, he may be given a lighter punishment or be exempted from punishment.
probation system
Probation concept.
Conditions of probation apply.
If the crime is relatively minor, he must be sentenced to criminal detention or fixed-term imprisonment of not more than three years.
Show remorse.
No possibility of re-offending.
A suspended sentence will have no significant adverse impact on the community in which you live.
People under the age of 18, pregnant women and people over the age of 75 should be suspended.
Regulations to be followed for probation.
Comply with laws and administrative regulations and obey supervision.
Report your activities in accordance with the regulations of the inspection agency.
Comply with the inspection agency’s regulations on receiving guests.
Leaving the city or county where you live or moving must be reported to the inspection agency for approval.
Expiration of probation period and revocation of probation.
Sentence commutation system.
The concept of commutation.
For criminals who have been sentenced to public surveillance, criminal detention, fixed-term imprisonment, or life imprisonment, if during the execution of the sentence, they conscientiously abide by the prison regulations, accept education and reform, and truly show remorse or perform meritorious services, the original sentence will be appropriately reduced.
Conditions for commutation of sentence.
Prerequisite: Only criminals who have been sentenced to public surveillance, criminal detention, fixed-term imprisonment, or life imprisonment can have their sentences reduced.
substantive conditions
Substantive conditions for commutation of sentence: During the execution of the sentence, the offender conscientiously abides by the prison rules, undergoes education and reform, shows repentance, or performs meritorious service.
Substantive conditions for commutation of sentence: The criminal has performed major meritorious services during the execution of the sentence.
Limitations on commutation of sentence.
The actual term of the sentence after commutation, if sentenced to public surveillance, criminal detention, or fixed-term imprisonment, shall not be less than one-half of the original sentence; if sentenced to life imprisonment, it shall not be less than 13 years.
parole system
Parole concept.
Some criminals who have been sentenced to fixed-term imprisonment or life imprisonment may be released in advance with conditions after they show repentance and will no longer harm society after the execution of certain criminal laws.
Regulations subject to parole.
Abide by laws and obey administrative regulations and supervision.
Report their activities in accordance with the regulations of the supervisory authority.
Comply with the regulations of the supervisory authority regarding reception of guests.
Leaving the city or county where you live or relocating must be reported to the supervisory authority for approval.
Conditions of parole.
Prerequisite: Parole is only applicable to criminals sentenced to fixed-term imprisonment or life imprisonment.
Conditions for executing the sentence: Criminals sentenced to fixed-term imprisonment must serve more than half of the original sentence; criminals sentenced to life imprisonment must serve more than 13 years before they can be paroled.
Substantive conditions: Parole is only applicable to criminals who, during the execution of their sentence, conscientiously abide by the rules, accept education and reform, show true repentance, and no longer endanger society after early parole.
Negative conditions: Recidivists and criminals who have been sentenced to fixed-term imprisonment of more than 10 years or life imprisonment for murder, rape, robbery, kidnapping, explosion and other violent crimes are not allowed to be paroled.
Main contents of "Criminal Law Amendment (9)"
administrative law
Overview of Administrative Law
Administrative Law Concept
Administrative law is the general term for legal norms that regulate administrative relations.
Characteristics of Administrative Law
1. Lack of a unified and complete substantive law code
2. Administrative law regulations are large in number and extensive in content
3. Unity of administrative powers and responsibilities
4. Frequent establishment, revision and repeal of administrative laws and regulations
5. Administrative procedural norms are a type of behavioral norms unique to administrative law.
basic principles of administrative law
reasonable administrative principles
Administrative agencies must abide by currently valid laws and should carry out activities in accordance with legal authorizations
legal administrative principles
Must master the principle of proportion
principle of due process
The principle of efficiency and convenience
administrative efficiency principle
Party convenience principle
Honesty and trustworthiness
Administrative Information Authenticity Principle
The principle of protecting citizens’ trust and interests
The principle of unity of rights and responsibilities
Administrative Efficiency Principle
Administrative Responsibility Principle
administrative action
The concept of administrative action
The act of an administrative subject exercising administrative powers that produces legal effects on the counterparty
effectiveness of administrative actions
common force
Certainty
binding force
Execution ability
Classification of administrative actions
Based on whether the administrative counterpart is specific or not
abstract administrative action
specific administrative actions
Administrative License
The concept of administrative licensing
Administrative agencies shall, based on the application of citizens, legal persons or other organizations, review the evidence and approve them to engage in specific activities.
Characteristics of administrative licensing
Administrative licensing is external licensing
Administrative licensing is a beneficial administrative act
Administrative licensing is a specific administrative act applied for in accordance with the law
The scope of administrative licensing
The difference between administrative licensing and administrative confirmation
Different administrative objects
The legal effects of actions are different
Different behaviors
Content is different
⭐️Administrative penalties
Types of administrative penalties
warn
fine
Confiscation of illegal gains and illegal property
Ordered to suspend production and business
Suspension or revocation of license, suspension or revocation of license
administrative detention
Principles of administrative penalties
The legal principle of punishment
The principle of openness and fairness in punishment
The principle of combining punishment and education
separation of functions principle
principle of no punishment
The principle of protecting the rights of the counterparty
Decision-making procedure for administrative penalties
Simple program
General procedure
Hearing procedure
Enforcement procedures for administrative penalties
The number of law enforcement officers shall not be less than two.
Separation of fines and payments
The fine shall be paid within 15 days from the date of receipt of the administrative penalty decision.
Confiscated on the spot
Fines collected by law enforcement officers on the spot shall be handed over to the administrative agency within two days from the date of collection of the fine.
A fine of less than ¥20 is imposed according to law.
Failure to collect on the spot and difficult to execute afterwards
Failure to perform after due date
If the fine is not paid when due, an additional fine of 3% of the fine amount will be imposed daily.
According to legal provisions, the seized or impounded property will be auctioned or the frozen deposits will be transferred to offset fines.
Apply to the People's Court for compulsory execution
Administrative coercion
The concept of administrative coercion
A system that takes compulsory measures against the life, property, behavior, etc. of citizens, legal persons, or other organizations in order to implement administrative management or achieve administrative management purposes. Including administrative enforcement measures and administrative enforcement.
Types of administrative enforcement
Types of administrative enforcement measures
Restrict citizens’ personal freedoms
Seizure of premises, facilities or finances
Seizure of finances
Freeze deposits and remittances
Other administrative enforcement measures
Types of administrative enforcement
Additional fines or late fees
Transfer deposits and remittances
Auction or dispose of sealed or impounded places, facilities or financial assets in accordance with the law
remove obstacles and restore status quo
perform on behalf of
⭐️Administrative review
The concept of administrative review
Administrative review is an administrative supervision system that provides legal relief to citizens, legal persons and other organizations.
Basic principles of administrative review
independent review principle
The principles of legality, fairness, openness, timeliness and convenience
First-level review principle
Unless otherwise stipulated by laws and regulations, administrative reconsideration adopts the first-level final review system (administrative litigation is the second-instance final review system)
The principle of written review
The principle of double review of legality and appropriateness
Scope of administrative review
Matters that can be applied for administrative review (book page 157)
Matters that cannot be applied for administrative review⭐️
Dissatisfied with the administrative sanctions issued by administrative agencies or the handling decisions of other persons
Dissatisfaction with the mediation or other handling of civil disputes by administrative agencies
Administrative review application
Apply
Applicant: A citizen, legal person or other organization that applies for administrative reconsideration in accordance with the Administrative Reconsideration Law is the applicant
Time limit: The time limit for applying for reconsideration is 60 days from the date of becoming aware of the specific administrative act of infringement. However, unless otherwise provided by law.
Application method: Applicants can apply for administrative review in writing or orally.
accept
The administrative review authority shall review the application within five days after receiving it.
trial
Decide
Review authority⭐️⭐️
If you are dissatisfied with the specific administrative actions of the departments of the local people's governments at or above the county level, the applicant may choose to apply for administrative reconsideration to the people's government at the same level of the department or to the higher-level competent authority.
If you are dissatisfied with the specific administrative actions of administrative agencies and national security agencies that implement vertical leadership such as customs, finance, national taxation, and foreign exchange management, you may apply for administrative reconsideration to the higher-level competent authority.
If you are dissatisfied with the specific administrative actions of the local people's government at any level, you may apply for administrative reconsideration to the local people's government at the next higher level.
If you are dissatisfied with the specific administrative actions of the information local people's government affiliated to the dispatched agency established by the people's government of the province or autonomous region in accordance with the law, you may apply for administrative reconsideration to the dispatched agency.
If you are dissatisfied with a specific administrative act of a department under the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government, you may apply for administrative reconsideration to the department under the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government that made the specific administrative act. Those who are dissatisfied with the administrative review decision can file an administrative lawsuit with the People's Court, or apply to the State Council for a ruling.
If you are dissatisfied with the specific administrative actions of the dispatched agency established by the local people's government at or above the county level in accordance with the law, you may apply for administrative reconsideration to the people's government that established the dispatched agency.
If you are dissatisfied with the specific administrative actions made in your own name by a dispatched office established by a government department in accordance with laws, regulations or rules, you may apply for administrative reconsideration to the department that established the dispatched office or the local people's government at the same level of the department.
If you are dissatisfied with the specific administrative actions of an organization authorized by laws and regulations, you may apply for administrative reconsideration to the local people's government, the work department of the local people's government, or the department of the State Council that directly manages the organization.
If you are dissatisfied with a specific administrative act taken by two or more administrative agencies in a common name, you may apply for administrative reconsideration to their common superior administrative agency.
If an administrative agency that has been revoked is dissatisfied with the cancellation of the specific administrative actions it has taken, it may apply for administrative reconsideration to the administrative agency at the higher level of the administrative agency that continues to exercise its powers.
The impact of administrative reconsideration on administrative behavior
During the administrative review period, the execution of specific administrative acts will not be suspended, but execution may be suspended if one of the following circumstances occurs:
The respondent believes that execution needs to be stopped
If the administrative review organ deems it necessary to stop execution
The applicant applies for suspension of execution, and the administrative review authority considers the request to be reasonable and decides to suspend execution.
The execution of legal provisions has been suspended
Administrative review decision
uphold decision
Fulfill decision
Revoke the decision.
Change decision
Confirm illegal decision
Decision to order the respondent to compensate
⭐️Administrative litigation
Overview of administrative litigation
The court shall resolve administrative disputes within a specific scope by reviewing the legality of administrative actions at the request of citizens, legal persons and other organizations.
The person in charge of multiple administrative agencies shall appear in court to respond to the lawsuit
Principles of administrative litigation
The principle of accepting cases and responding to lawsuits in accordance with the law
The principle of independent trial by the people's courts in accordance with the law
Based on facts and the law as the criterion
Principles of Legality Review of Administrative Actions
The principle of equal legal status of the parties
Principles of using national languages and scripts for litigation
The parties have the right to debate the principle
The People's Procuratorate implements the principle of legal supervision
Administrative litigation scope
Scope of acceptance ((book page 161)
Scope of inadmissibility
National defense, diplomacy and other state actions
Administrative regulations, rules or generally binding decisions and orders formulated and issued by administrative agencies.
Administrative agencies make decisions on rewards, punishments, appointments and removals of administrative agency staff.
The law provides for administrative actions with final decisions by administrative agencies.
Jurisdiction
Level jurisdiction
The grassroots people's courts have jurisdiction over administrative cases of first instance.
The Intermediate People's Court has jurisdiction over the following administrative cases of first instance:
Initiate litigation cases against administrative actions taken by departments of the State Council or local people's governments at or above the county level.
Cases handled by customs
Major and complex cases within this jurisdiction.
Other cases stipulated by law shall be under the jurisdiction of the Intermediate People's Court.
The Higher People's Court has jurisdiction over major and complex administrative cases of first instance within its jurisdiction.
The Supreme People's Court has jurisdiction over major and complex administrative cases of first instance nationwide.
Territorial jurisdiction
General territorial jurisdiction.
Special geographical jurisdiction.
common territorial jurisdiction
Jurisdiction
litigation participant
plaintiff
defendant
co-litigants
third person
litigation attorney
Lawyers, grassroots legal service workers
Close relatives or staff of the parties concerned
Citizens recommended by the community, unit and relevant social groups where the parties are located
evidence
Documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony
Statements of parties, appraisal opinions, inspection records, on-site records
burden of proof
The following evidence cannot be used as a basis for determining that the specific administrative act being sued is legal.
Evidence collected by the defendant and its litigation attorney after taking specific administrative actions.
Other evidence collected by the defendant in serious violation of legal procedures.
The plaintiff bears the burden of proof for the following matters.
Prove that the prosecution meets the statutory conditions, except where the defendant believes that the plaintiff's prosecution exceeds the time limit for prosecution.
Prove the fact that the defendant made the application when suing the defendant for inaction; prove the fact that the loss was caused by the infringement of the accused behavior in the administrative compensation lawsuit filed at the same time.
Other matters for which the plaintiff shall bear the burden of proof
sue
The plaintiff is a citizen, legal person or other organization that complies with the provisions of the Administrative Litigation Law.
There is a clear defendant; there are specific claims and factual basis.
It falls within the scope of the People's Court and the jurisdiction of the People's Court subject to the lawsuit.
trial
First instance judgment
The People's Court shall revoke or partially revoke the judgment and may order the defendant to take administrative action again.
The main evidence is insufficient.
Wrong application of laws and regulations.
Violation of legal procedures.
Beyond authority.
Abuse of power.
Clearly inappropriate.
The people's court ruled that the violation was illegal, but did not revoke the administrative action.
Administrative actions should be revoked in accordance with the law, but the revocation will cause significant damage to national interests and social and public interests.
The administrative action procedure was slightly illegal, but had no actual impact on the plaintiff’s rights.
If there is no need to revoke or perform the judgment, the people's court shall make a judgment confirming the violation.
Administrative actions are illegal but do not have revocable content.
The defendant changed the original illegal administrative act, and the plaintiff requested confirmation of the original administrative act norms.
If the defendant fails to perform or delays in performing statutory duties, the judgment is made that performance is meaningless.
Simple program
The accused administrative act was made on the spot in accordance with the law.
The case involves an amount of less than ¥2,000.
It is a government information disclosure case.
second instance judgment
Our country implements a two-instance and final-instance system. The second-instance judgment is the effective judgment, also known as the final judgment. The parties cannot appeal against it.
If the party concerned is dissatisfied with the first-instance judgment of the People's Court, he or she has the right to appeal to the higher-level People's Court within 15 days from the date of delivery of the judgment.
When the people's court hears an appeal case, it shall make a final judgment within three months from the date of receipt of the appeal petition.
After the original People's Court makes a judgment on a case that has been remanded for retrial, and the parties file an appeal, the Second Instance People's Court shall not remand the case for retrial.
retrial
Appeal: dissatisfaction with the judgment or ruling of first instance.
Application for retrial: It is believed that there is indeed an error in a judgment or ruling that has taken legal effect.
The procuratorate at the same level cannot directly lodge a protest against the court at the same level.
execute program
The parties must fulfill the legally effective judgments, rulings and mediation documents issued by the People's Court.
If an administrative agency refuses to perform a judgment, ruling, or mediation agreement, the people's court of first instance may take the following measures:
For the fines that should be returned or the amount that should be paid, notify the bank to transfer them from the account of the administrative agency.
If the performance is not performed within the prescribed time limit, the person in charge of the administrative agency will be fined ¥50 to ¥100 per day starting from the expiration date.
The administrative agency's refusal to perform shall be announced.
Make judicial recommendations to the supervisory authority or the administrative agency at the higher level of the administrative agency.
If a person refuses to fulfill a judgment, ruling, or mediation letter and has a negative impact on society, the person directly in charge of the administrative agency and other directly responsible personnel may be detained; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued in accordance with the law.
2015 Amendment to the Administrative Litigation Law, summary of key points.
The scope of cases has been expanded.
Administrative agencies may not interfere with or hinder the filing of cases by the courts.
Can be sued orally
The case should be registered and filed.
The period for prosecution was extended to six months.
Chief executive appears in court
Can be governed across regions
Failure to comply may result in the detention of the person directly responsible for the administrative agency.
The reconsideration authority is a co-defendant.
It is clearly proposed to resolve administrative disputes.
State compensation
State compensation
The concept of state compensation
A system whereby the state provides compensation to the victims in accordance with the law if the state agencies and their staff cause damage to the personal or property rights of citizens, legal persons and other organizations when exercising their powers.
Characteristics of state compensation
The state assumes responsibility and the agencies perform compensation obligations.
Compensation is limited.
Compensation methods and standards are legalized (the main method is to pay compensation, and the auxiliary method is to return property and restore the original status)
Diversification of compensation procedures
The statute of limitations for state compensation.
two years
compensation payment
Compensation costs are included in the fiscal budgets at all levels.
The agency responsible for compensation shall submit a payment application to the relevant financial department in accordance with its budget management authority within seven days from the date of receipt of the application for payment of compensation. The financial department shall pay the compensation within 15 days from the date of receipt of the payment application.
The compensation claimant's compensation obligation agency, reconsideration agency and people's court shall not charge any fees from the compensation claimant.
The main form of state compensation is the payment of compensation.
Calculation standards for state compensation
Violation of the right to personal liberty.
Violate the right to life and health.
mental damage
Violation of property rights. (In case of infringement of property rights, one cannot apply for compensation for mental damages.)
Administrative compensation
Compensation scope
Scope of compensation
If an administrative agency or its staff commits any of the following violations of personal rights when exercising their administrative powers, the victim shall have the right to obtain compensation.
Illegal detention or illegal administrative compulsory measures that restrict citizens' personal freedom.
Illegal detention or other methods of illegally depriving citizens of their personal freedom.
Causing physical injury or death to citizens by beating or abusing them or instigating or indulging others to beat or abuse them.
Illegal use of weapons or police equipment causing physical injury or death to citizens.
Other illegal acts causing physical injury or death to citizens.
Victims of administrative agencies and their staff who infringe on property rights in one of the following circumstances when exercising their administrative powers have the right to obtain compensation.
Administrative penalties such as fines, revocation of permits and licenses, orders to suspend production and business operations, and financial confiscation are illegally imposed.
Administrative compulsory measures such as sealing, detaining, freezing, etc. are illegally taken against property.
Illegal expropriation or expropriation of property.
Other illegal acts causing property damage.
Scope of non-compensation.
Personal behavior of administrative agency staff that has nothing to do with the exercise of their powers.
Damage occurs due to the actions of citizens, legal persons and other organizations.
Other situations provided by law.
Compensation claimant
Injured citizens, legal persons and other organizations have the right to demand compensation.
Compensation obligation agency
If an administrative agency and its staff infringe upon the legitimate rights and interests of citizens, legal persons and other organizations in the exercise of their powers and cause damage, the administrative agency shall be the agency obliged to compensate.
If two or more administrative agencies jointly exercise administrative powers and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations, causing damage, the administrative agencies jointly exercising administrative powers shall be the agencies jointly obliged to compensate.
If an organization authorized by laws and regulations infringes upon the legitimate rights and interests of citizens, legal persons and other organizations and causes damage when exercising the administrative power granted to it, the authorized organization shall be the organ responsible for compensation.
If an organization or individual entrusted by an administrative agency infringes upon the legitimate rights and interests of citizens, legal persons or other organizations and causes damage when exercising the entrusted administrative power, the entrusting administrative agency shall be the agency with the obligation to compensate.
If the agency with the obligation to compensate is revoked, the administrative agency that continues to exercise its powers is the administrative agency with the obligation to compensate. If the agency with the obligation to compensate happens to be the administrative agency that does not continue to exercise its powers, the administrative agency that revokes the agency with the obligation to compensate shall be the agency with the obligation to compensate.
The administrative agency that originally caused the infringement after review by the review agency is the agency obligated to compensate. However, if the review decision of the review agency aggravates the damage, the review agency shall partially fulfill its obligation to compensate.
Burden of proof: When the people's court hears administrative compensation cases, the compensation claimant and the agency responsible for compensation must provide evidence for their claims.
Administrative recovery
After compensating for losses, the agency responsible for compensation shall order the staff member or the entrusted organization or individual who committed intentional or gross negligence to bear part or all of the compensation costs.
If the responsible person commits intentional or gross negligence, the relevant authorities shall impose sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
Classification
general administrative law
Administrative Review Law
Administrative Penalty Law
Administrative Supervision Law
Civil Servant Law of the People's Republic of China
special administrative law
customs law
Education
Vocational Education Law
education law
compulsory education law
Private Education Promotion Act
higher education law
National Defense Education Act
teacher law
Degree Regulations
social security
Public Security Administration Punishment Law of the People's Republic of China
I. Overview
history
Passed by the 17th meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2005, and implemented on March 1, 2006.
The current law was modified by the amendments passed by the 29th Session of the Standing Committee of the Eleventh National People's Congress on October 26, 2012.
concept
The public security organs impose administrative sanctions on citizens, legal persons and other organizations who violate public security laws and impose administrative penalties.
in principle
based on facts
Be open and fair, respect and protect human rights, and protect the dignity of citizens
Combining education and punishment
Penalty range
Disturbing the public order of the country, hindering public security, and infringing on personal rights
Violation of public security management in China
Violations of public security management on board Chinese ships and aircraft
Applicable to other provisions of this law
2. Types of punishment
warn
fine
administrative detention
Revocation of license (only issued by the public security organ)
main punishment
(Additional) Time limit for departure or deportation (foreigners)
3. Application of penalties
(1) Subjects subject to punishment: natural persons and entities
If you are over 14 but under 18, you will be given a lighter or reduced punishment.
Those under 14 will not be punished, and guardians will be ordered to strictly discipline them.
Mental patients who are unable to identify or control their own behavior will not be punished for violating public security management, and their guardians will be ordered to strictly discipline or treat them.
Intermittent mental patients who violate public security management during their normal mental period shall be punished
A blind person or a deaf-mute person may be given a lighter punishment, a reduced punishment or no punishment.
natural person
If a unit violates public security management, the person in charge or other person directly responsible for it shall be punished in accordance with the law.
(2) Multiple violations and joint violations
Multiple violations: two or more violations of public security management by one person.
Decide separately and combine penalties. The combined administrative detention period shall not exceed 20 days.
Joint violation: two or more people jointly violate public security management
1. Punish the perpetrators separately according to their role in violating public security management.
2. Instigating, coercing, or deceiving others to violate public security management shall be punished according to the behavior of instigating, coercing, or deceiving others.
(three)
A. Reduced punishment (lower than statutory punishment) B. No punishment (declaring the behavior illegal without punishing it)
The circumstances are particularly minor
Taking the initiative to reduce or eliminate the consequences of the violation and obtain the understanding of the offended person
Coercion or deception by others
Take the initiative to surrender and truthfully state the illegal behavior
Those who have made meritorious deeds
B Severe punishment (higher than legal punishment)
with more serious consequences
Instigate, coerce, and trick others into violating public security management
Retaliation against surrenderers, whistleblowers, witnesses, etc.
Those who have been punished by public security management within six months
C Failure to carry out punishment
Over 14 but under 18
Over 16 but under 18, first violation of public security management
Over 70 years old
Pregnant and breastfeeding a baby under one year old
(4) Adjustment and punishment
In principle, administrative mediation in which agreement between the parties is the central content is not implemented.
Exceptions to the stipulations: fights or damage to other people's property caused by disputes, if the circumstances are minor, the public security organs can adjust, and the two parties reach an agreement not to be punished. If no agreement is reached after mediation or the agreement is not fulfilled, penalties will be imposed in accordance with the law.
(5) Limitation of investigation
Violations of public security management that are not discovered by the public security organs within six months will no longer be punished. The time limit specified in the preceding paragraph shall be calculated from the date of occurrence of the act.
The behavior that violates public security management has a continuous or continuing state, and it is calculated from the date when the behavior ends.
4. Violations of public security management and penalties
disrupt public order
Behavior
1 Crime of disturbing public order 2 Disturbing the order of large-scale mass activities such as culture and sports 3 Spreading rumors and false information to disturb public order 4 Picking quarrels and provoking trouble 5 Organizing superstitious activities 6 Deliberately interfering with the normal operation of radio services 7 Illegal intrusion and damaging computer systems to cause harm
punishment
1. A warning or a fine of not more than 200 yuan. 2. Detention for not less than five days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. 3. Detention for not less than 10 days and not more than 15 days, a fine of not more than 1,000 yuan may be imposed.
Hurting public safety
Behavior
1. Violating the management of hazardous materials 2. Illegal carrying of firearms and controlled equipment 3. Theft and damage to public facilities, obstructing border signs 4. Impeding aircraft flight safety 5. Obstructing railway and train operations 6. Damaging construction protective facilities and public facilities 7. Organizing cultural activities, 8. Operating public places where there is a risk of safety accidents in sports and other large-scale mass activities, and refusing to make corrections if there is a risk of safety accidents.
punishment
1. A warning or a fine of not more than 200 yuan. 2. Detention for not less than five days but not more than 10 days, and a fine of not more than 500 yuan may be imposed. 3. Detention for not less than 10 days but not more than 15 days.
Infringement of personal rights, property rights
Behavior
(1) Acts that infringe on the physical and mental health of others (2) Acts that infringe on others’ personal freedom (3) Acts that infringe on others’ personality and reputation (4) Acts that infringe on others’ freedom of communication (5) Acts that infringe on others’ privacy (6) Abandonment of innocent people Behavior of a person with capacity (7) Behavior that incites ethnic hatred and ethnic discrimination
punishment
(1) Detention for not more than five days or a warning (2) Detention for not less than five days but not more than ten days, and a fine of not less than RMB 200 and not more than RMB 500 may be imposed (3) Detention for not less than ten days but not more than fifteen days, a fine of not less than RMB 200 and not more than RMB 500 may be imposed. Fines ranging from RMB 1,000 to RMB 1,000, etc.
hinder social management
Behavior
(1) Acts that influence the normal performance of duties by the government and public security organs in accordance with the law (2) Acts of forging national licenses, documents, and valuable tickets (3) Inciting and planning illegal gatherings, parades, demonstrations, and refusing to listen to dissuasion (4) Violating social life Legal provisions on the prevention and control of noise pollution, interfering with the normal life of others (5) Destroying cultural relics (6) Gathering in groups to gamble (7) Buying, selling, smoking, and possessing drugs (8) Spreading obscene materials and information, prostitution and prostitution (9) Hiding, buying and selling , destroying frozen items, forging, destroying evidence, harboring stolen goods
punishment
Depending on the severity of the case, penalties ranging from warnings to fines to detention may be imposed.
road traffic safety act
Administrative Penalty Law
Administrative Review Law
Administrative Licensing Law
Fire Law
Maritime Traffic Safety Act
Biosafety Act
cryptography
anti-terrorism law
National Intelligence Act
Nuclear Safety Law
National Defense Transportation Act
gun control laws
Espionage Act
Exit and Entry Administration Law
Law on Keeping State Secrets
civil air defense law
Earthquake Prevention and Disaster Mitigation Law
emergency response method
sports law
National defense and military
Noise Pollution Prevention and Control Act
Science and Technology Progress Act
Population and Family Planning Law
Food and medicine
••••••
economic law
social law
Litigation and non-litigation procedures
criminal proceedings
criminal procedure law
civil litigation
Code of Civil Procedure
Administrative Litigation
Administrative Procedure Law
mediate
arbitration
Military Commission leadership team
President
Xi Jinping
Vice Chairman
Xu Qiliang (empty)
Zhang Youxia (Lu)
member
Li Zuocheng (Lu)
chief of staff of the joint staff
Wei Fenghe (Rocket)
minister of defense
Miao Hua (sea)
Director of Political Work Department
Zhang Shengmin (Mainland China)
Commission for Discipline Inspection
Previous presidents
1949-1954 Chairman of the Central People's Government - Mao Zedong (Deputies: Liu Shaoqi, Song Qingling, Li Jishen, Zhang Lan, Gao Gang)
1954-1959 President-Mao Zedong (Deputy: Zhu De)
1959-1966 President-Liu Shaoqi (Deputies: Song Qingling, Dong Biwu)
1972-1975 Acting Chairman-Dong Biwu
1981.5.16 Honorary Chairman: Song Qingling
1983-1988 President Li Xiannian (Deputy: Ulanfu)
1988-1993 President-Yang Shangkun (Deputy: Wang Zhen)
1993-1998 President-Jiang Zeming (Deputy: Rong Yiren)
1998-2003 President-Jiang Zeming (Deputy: Hu Jintao)
2003-2008 President-Hu Jintao (Deputy: Zeng Qinghong)
2008-2013 President-Hu Jintao (Deputy: Xi Jinping)
2013-Current President-Xi Jinping (Deputy: Li Yuanchao)
deputies to the people's congress
Elite representatives
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entrepreneur
professional
professor
doctor
The legal profession
Literary and artistic circles
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Worker
farmer
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armed representatives
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police