How to learn legal knowledge?

Main characteristics of 1. 1

1.2 characteristics of another legal system

2 China law

2. 1 Constitution and Constitution-related laws

2.2 Civil Law and Commercial Law

2.3 Administrative law

2.4 Criminal Law

2.5 Economic Law

2.6 Social Security Law

2.7 Litigation and non-litigation procedures

2.8 Natural Resources and Environmental Protection Law

Basic characteristics of 1

major feature

international law

First of all, the legal system is the sum of all existing laws in a country.

Second, the legal system is a systematic organic whole composed of legal departments.

Third, the ideal requirements of the legal system are complete categories, tight structure and internal coordination.

Fourth, the legal system is an organic unity of objective laws and subjective attributes.

Characteristics of another legal system

1. The legal system is a system composed of a country's domestic laws, including international laws recognized by the country.

2. It is a system composed of existing laws.

3. The unit that constitutes the legal system is the legal department, which is composed of several related legal norms, so legal norms are the most basic unit of the legal system.

4. The legal system is different from the legislative system, which is composed of normative documents.

2 China law

economic law

The legal system of socialism with Chinese characteristics refers to the basic national conditions in the primary stage of socialism in China, which is consistent with the fundamental task of socialism. It is based on the Constitution and consists of complete departments, rigorous structure, internal coordination, scientific style, effective adjustment of laws and their supporting regulations. It is an organic and unified whole of various legal systems that guarantee China's progress along the road of Socialism with Chinese characteristics. This system consists of three levels: laws, administrative regulations and local regulations, and seven legal departments: Constitution and its related laws, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation procedure law.

Considering the formulation and implementation of laws, there is only one socialist legal system with Chinese characteristics. The special committees of the National People's Congress, government departments and localities do not have their own independent "legal system", and it is neither necessary nor possible for these institutions to establish their own independent "legal system" under or outside the national legal system.

Constitution and relevant laws of the Constitution

The Constitution is the foundation of the whole legal system, and its main form is the Constitution of People's Republic of China (PRC).

1. Constitution of People's Republic of China (PRC)

2. People's Republic of China (PRC) National Flag Law

3. Law of the People's Republic of China on the National Emblem

4. Nationality Law of the People's Republic of China

5. Martial law in People's Republic of China (PRC)

6. People's Republic of China (PRC) Legislation Law

7. People's Republic of China (PRC)'s Treaty-Concluding Procedure Law

8. People's Republic of China (PRC)'s exclusive economic zone and continental shelf law

9. The Ministry of Foreign Affairs issued the measures for the external use of the national emblem.

10. Law on assembly, procession and demonstration in People's Republic of China (PRC)

1 1. People's Republic of China (PRC)'s territorial waters and adjacent areas.

12. extradition law of People's Republic of China (PRC)

13. People's Republic of China (PRC) Law on Regional National Autonomy

14. People's Republic of China (PRC) Trade Union Law

15. Regulations of People's Republic of China (PRC) on Diplomatic Privileges and Immunities

Regulations of People's Republic of China (PRC) on Consular Privileges and Immunities

17. Resolution of the Fifth Session of the Fifth National People's Congress on National Anthem of the People's Republic of China

18. Reply of the State Council on the Regulations for the Implementation of the Law on Assembly, Demonstration and Demonstration in People's Republic of China (PRC)

19. Decision of NPC Standing Committee on Amending the Law of People's Republic of China (PRC) on Regional National Autonomy.

20. Decision of NPC Standing Committee on Amending the Trade Union Law of People's Republic of China (PRC)

civil and commercial law

Civil law is a law to adjust the property relations and personal relations between citizens and legal persons as equal subjects and between citizens and legal persons.

Commercial law is a law to adjust the commercial relationship or commercial behavior between equal subjects.

1. Civil law

2. Ownership and related property rights

3. Intellectual property rights

4. Creditor's rights

5. Marriage and family inheritance

6. Subject of market economy

7. Securities, futures and bonds

8. Maritime business

9. Insurance

10. Notes

1 1. Lies

administrative law

1. Foreign affairs

2. Civil affairs

3. Administration of justice

4. Public safety

5. Personnel and civil service

6. Discipline inspection

Step 7 monitor

8. Archives

9. Ethnic affairs

10. Religion

1 1 overseas Chinese

12. Hong Kong and Macao affairs

13 Taiwan Province affairs

14. Education

15. Technology

16. Culture

17. News publications

18. Radio, film and television

19. Exercise

20. Health care

2 1. Population and family planning

22. Urban and rural construction

environmental protection

24. Customs

tourism

aerography

27. Earthquake and geological disasters

survey and draw

criminal law

1. Comprehensive provisions and interpretation of criminal law

2. Crime and criminal responsibility

Step 3 punish

4. Judgment

(of a criminal) voluntarily surrender oneself (to the police

6. Combined punishment for several crimes

7. suspended sentence

8. Commute the sentence

9.parole

10. Crime of endangering national security

1 1. Crime of endangering public security.

12. Crime of disrupting the order of socialist market economy

13. Crimes against citizens' personal rights and democratic rights

14. Crimes against property

15. Crime of disturbing social management order

16. Crime of disturbing marriage and family

Crime of endangering national defense interests.

Crime of corruption and bribery

19. Crime of dereliction of duty

20. Crime of military personnel violating their duties

2 1. Counter-revolutionary crime (repealed)

economic law

1. Economic restructuring and opening up

2. Planning and investment

3. Finance

Step 4 tax

5. Finance

6. Capital construction

7. Standardization and measurement

8. Quality management

9. Statistics

10. Resources and resource utilization

1 1. Energy and energy industry

12. Transportation

13. Posts and telecommunications

14. Agriculture and animal husbandry

15. Industry

16. Commercial material storage

17. Enterprise management

18. Price management

19. Market intermediary

20.[ 1] Foreign economic cooperation and foreign-funded enterprises

2 1. Foreign trade

social security act

Labor Law, Labor Contract Law, Trade Union Law, Law on the Protection of Minors, Law on the Protection of the Rights and Interests of the Elderly, Law on the Protection of Women's Rights and Interests, Law on the Protection of the Disabled, Law on Mine Safety, Law on the Red Cross Society, Law on Donation to Public Welfare Undertakings and Law on the Protection of Consumers' Rights and Interests.

Litigation and non-litigation procedures

1. Civil litigation

2. Criminal proceedings

3. Administrative litigation

4. Intellectual property litigation

5. Maritime litigation

Complain

7. Arbitration

Natural resources and environmental protection law

1. Environmental Protection Law of People's Republic of China (PRC)

People's Republic of China (PRC) Air Pollution Prevention and Control Law

People's Republic of China (PRC) Water Pollution Prevention and Control Law

4. Marine Environmental Protection Law of the People's Republic of China

People's Republic of China (PRC) Law on the Prevention and Control of Environmental Pollution by Solid Waste

6. Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution

People's Republic of China (PRC) Environmental Noise Pollution Prevention Act

8. People's Republic of China (PRC) Cleaner Production Promotion Law

9. The Law of People's Republic of China (PRC) on Combating Desertification.

10. Law of the People's Republic of China on Environmental Impact Assessment

1 1. Circular Economy Promotion Law of the People's Republic of China

3 Legislation

First of all, it is determined by the people's congress system in China. The people's congress system is the fundamental political system of our country. 1954 "Report on the Draft Constitution of People's Republic of China (PRC)" points out: "The people's congress system is stipulated as the fundamental political system of the country, and all major issues must be discussed and decided by the people's congress." One of the important reasons why the people's congress system is defined as the fundamental system of the country is that the people's congress or the people's congress "can formulate various systems and laws on this basis, while any other system must be approved by the people's congress or the people's congress or its authorized organs before it can take effect." According to the current Constitution, the national legislative power is exercised by the National People's Congress and the National People's Congress Standing Committee (NPCSC). Judging from the connotation of the people's congress system, only the National People's Congress and its Standing Committee can formulate laws that constitute all seven legal system departments. In other words, the National People's Congress and its Standing Committee have the right to make laws on all social relations that should be regulated by law. The National People's Congress and its Standing Committee play a leading role in the formation of the legal system, and the laws formulated by the National People's Congress and its Standing Committee are the main body of the legal system. The key to the formation of the legal system is that the National People's Congress and its Standing Committee will formulate laws that play an auxiliary role in the legal system. In the process of forming and perfecting the legal system, the NPC and its Standing Committee shoulder important responsibilities, and the legislative task is still very heavy.

Secondly, it is determined by China's unified unitary state structure. China has a vast territory, a large population and 56 ethnic groups. According to China's historical tradition and national conditions, in order to safeguard the common interests of all ethnic groups in China and promote the common prosperity of all ethnic groups, the Constitution stipulates that People's Republic of China (PRC) is a unified multi-ethnic country created by the people of all ethnic groups in China. The division of functions and powers between central and local state organs follows the principle of giving full play to local initiative and enthusiasm under the unified leadership of the central authorities. These provisions of the Constitution show that the national structure of China is unitary. This kind of national structure in our country requires that the legal system of the country must be unified, and a unified legal system inevitably requires that the legal system be unified and unique. The unity of this socialist legal system and the uniqueness of the socialist legal system with Chinese characteristics are the legal basis for ensuring national unity, national unity and long-term stability.

Third, it is determined by the establishment of the socialist market economic system. Market economy is legal economy. To establish and improve the socialist market economic system, establish and maintain a modern market system with unified open competition, and give full play to the basic role of the market in resource allocation, we must have a unified legal system to regulate, guide and guarantee, to avoid the division of the national unified market, to avoid setting up barriers and obstacles to protect local interests in economic activities, to avoid strengthening departmental interests, and to make the socialist market economy develop healthily on the legal track according to internal laws. An organic and unified socialist legal system with Chinese characteristics is the legal guarantee for establishing a socialist market economic system.

Fourth, it is determined by China's legislative system. The current legislative system in China is not only unified, but also hierarchical. It consists of national legislative power and administrative regulations, local regulations, autonomous regulations and separate regulations, and authorized legislative power. Ten issues, such as the revision of the Constitution by the National People's Congress, the enactment of laws by the National People's Congress and its Standing Committee, and matters involving sovereignty, are the exclusive legislative power of the National People's Congress and its Standing Committee; The State Council formulates administrative regulations in accordance with the Constitution and laws, mainly for the purpose of implementing laws and exercising the administrative authority of the State Council stipulated in the Constitution. In addition, according to the authorization of the National People's Congress and its Standing Committee, the State Council can enact administrative regulations on matters that should be enacted; Local regulations are mainly for the implementation of laws, administrative regulations and provisions on local affairs. This legislative system is established according to China's national conditions, which not only ensures that the legislative power is concentrated in the central government, but also fully considers the reality of reform, opening up and modernization, as well as the differences in local conditions and uneven development. Under this legislative system, administrative regulations do not involve criminal and state institutions, while local regulations involve a limited number of legal departments.

Fifth, this is determined by the level of effectiveness of our laws. There are differences among laws, administrative regulations and local regulations not only in the scope of adjusting social relations, but also in the effectiveness. Its effectiveness from high to low is the Constitution, laws, administrative regulations and local regulations. The Constitution has the highest legal effect, and all laws, administrative regulations, local regulations, autonomous regulations and separate regulations and rules shall not contravene the Constitution. The effectiveness of laws is higher than administrative regulations, local regulations and rules. The effectiveness of administrative regulations is higher than that of local regulations and rules. If the laws, administrative regulations and local regulations exceed their authority or the subordinate laws violate the provisions of the superior law, they will be changed or revoked according to law. These provisions of the law require the lower law and the upper law to be connected, coordinated and coordinated with each other, thus forming an organic unity of the legal system, effectively adjusting social relations and ensuring the normal order of social life.

Finally, it is determined by the political principle of upholding the party's leadership over state affairs. One of the important ways for the party to lead state affairs is to make the party's ideas become the will of the state through legal procedures. Only the unity of the national legal system and the organic unity of the socialist legal system with Chinese characteristics can ensure the centralized and unified leadership of the party over state affairs and the organic unity of upholding the leadership of the party, the people being the masters of the country and governing the country according to law.

4 American law

Federalism is one of the basic principles of the American Constitution. The federal state structure leads to the complexity of the American legal system. This paper aims to explore the historical background and principles of federalism, the relationship between federal law and state law and its system.

Historical background

The victory of the American people's war of independence against British colonial rule has produced an extremely important idea, that is, spending so much resources and blood to fight for freedom and defend freedom for a long time, the United States will become an unprecedented paradise for freedom. The judges of the court will soon implement this principle in judicial practice and try cases from the perspective of freedom and justice in accordance with universal freedom rights and national laws. However, at the end of18th century and the beginning of19th century, jurists and politicians did not adapt to the laws of American liberal system. This liberalism has influenced the reform of law from all aspects.

Basic principles of federalism

There are three basic principles concerning the relationship between the Federation and the states in the Constitution: First, Article 16 of the Constitution stipulates that the Constitution, federal laws formulated in accordance with the Constitution and treaties concluded or to be concluded under federal power shall become the highest laws of the country, and judges of all states shall abide by them even if they are in conflict with the Constitution and laws of any state. Second, the eighth paragraph of Article 1 of the Constitution clearly lists the legislative power and the right to declare war in the military, foreign affairs, finance and interstate trade. Third, the Tenth Amendment to the Constitution stipulates that the rights that the Constitution has not granted to the United States or prohibited the states from exercising shall be reserved by the states and the people respectively.

5 legal system

The legal system, sometimes called the legal system, is different from the legal system in meaning. The legal system refers to the whole system of the operating mechanism and links of the legal system. The legal system includes legislative system, law enforcement system, judicial system, law-abiding system and legal supervision system. These systems constitute a vertical legal operation system. The legal system focuses on the system composition of static law itself, and the legal system includes both static legal norms and dynamic legal operation mechanism system. In terms of mutual relations, the legal system includes the legal system, and the legal system is combined in the legal system.

6 legal system

commercial law

These are two different but closely related concepts. First of all, the legal system refers to a country's legal subject system, which belongs to the category of social science and has ideological and ideological and cultural attributes; Legal system refers to a country's current legal norm system, which belongs to the category of social norm system and is the code of conduct of society and individuals. It has actual legal effect and produces actual legal consequences. One belongs to the ideological category and the other belongs to the normative system, which is the essential difference between the two. But the two are closely related:

First, the legal system is the premise and foundation for the formation and establishment of the legal system. The content of substantive law (also called applied law) in a country's legal system corresponds to the division of legal departments in the legal system, such as constitution, civil law, commercial law, administrative law, economic law, criminal law, procedural law and international law. The legal system is also divided into constitution, civil law, commercial law, administrative law, economic law, criminal law, procedural law and international law.

Second, the legal system is also an important driving force for the development of the legal system. With the increase and expansion of new legal content in the legal system, it will promote the emergence of new legal system content.

Third, the development of the legal system will also become the reason and basis for the change of the legal system, which is manifested in two aspects: ① the research results of the law will promote the emergence of new laws and supplement and adjust the content and structure of the original legal system; ② The study of "legal system" in the academic circle of law will also change the layout and structure of the original legal system, so that the legal system can be rearranged to adapt to the changed objective situation and the development requirements of knowledge.

7 legal system law

These are two different legal concepts. Legal system refers to a kind of laws with the same structure and origin formed in different countries or regions in history. The concept of legal system expresses a legal tradition, which transcends history and countries. The legal system refers to the unified whole of a domestic legal department composed of existing legal norms. It can only be a realistic law, and it is mainly formulated within a sovereign country.