What Are the Different Jobs in a Legal Department?

The legal department is the sum of similar legal norms divided according to certain standards and principles, according to the different nature of legal norms, adjusting different areas of social relations and different methods. In the existing legal norms, due to different social relations and their adjustment methods, they can be divided into different legal departments. The sum of legal norms that adjust the same type of social relations constitutes an independent legal department.

[f l bù mén]

The legal department is the sum of similar legal norms divided according to certain standards and principles, according to the different nature of legal norms, adjusting different areas of social relations and different methods. In the existing legal norms, due to different social relations and their adjustment methods, they can be divided into different legal departments. The sum of legal norms that adjust the same type of social relations constitutes an independent legal department.

Chinese name

law Department

Foreign name

Legal department

Also known as

Sector law

Features

Both the concept of law and the basic elements of law

Meaning

Similar law

The same kind of laws referred to by the sector law do not include international law, such as public international law, private international law, and international economic law. It only refers to domestic law. It does not include laws that have expired, it only refers to existing laws; it also does not include laws that are to be enacted but not yet enacted, and it only refers to laws that have been enacted. China's legal system is broadly divided into these seven categories: constitution and constitution-related law, civil and commercial law, administrative law, economic law, social law, criminal law, litigation and non-litigation law.

The departmental law or legal department has its own characteristics.

First, all departmental laws of a legal system are unified, and the various departmental laws are coordinated.

Secondly, each departmental law is relatively independent, because the social relations they adjust are different, and each legal department adjusts the social relations reflected by certain social phenomena. For example, the civil law regulates the personal and property relations between equal subjects; the criminal law regulates the social relationship between the ruling order and social norms of the state society and criminal behavior; the commercial law regulates the relationship between commercial subjects and commercial behavior in a market economy; Procedural law is a legal norm that regulates the relationship between civil litigation activities and civil litigation. The sum of laws and regulations regulating labor relations constitutes the labor law department; the sum of laws and regulations regulating marriage relations and family relations constitutes the marriage law department, etc .;

Third, the legal departments are basically determined and they are constantly changing. After a legal department is determined, it will continue for a relatively long period of time. At the same time, with the development of society, the legal departments may also merge or split; Fourth, the legal department is a subjective and objective unity. The division of the legal department is based on a certain objective fact to distinguish the law in a subjective form.

The criteria for the division of the legal department are:

1. Social relations regulated by legal norms. Law is the code of conduct for adjusting social relations. Any law has its social relations to be adjusted. Otherwise, it cannot be called a law.

2. Adjustment methods of legal norms. Although the social relationship adjusted by legal norms is the basis or the most important criterion for dividing legal departments, it is not enough to just use this as a criterion. Therefore, the adjustment method of legal norms needs to be used as the dividing criterion.

Principles of Division of Legal Department

1. The principle of integrity.

2. The principle of equilibrium.

3. Focus on the current laws and take into account the laws to be enacted.

The legal departments in China mainly include:

1. Constitution (including: the Constitution, the law of the state organs, the law on elections and representation, the law on nationality, the law on the national flag, the law on the special administrative region, the law on regional autonomy, the law on basic rights of citizens, the law on judges, the law on prosecutors, the law on legislation and authorization law)

2. Administrative law (including: National Security Law, Organic Law of Urban Residents Committee, Organic Law of Villagers Committee, Prison Law, Higher Education Law, Food Sanitation Law, Drug Administration Law, Customs Law)

3. Civil and Commercial Law. It is a general term for legal norms regulating the personal and property relations between natural persons, legal persons and other unincorporated organizations of equal civil subjects. A general term for legal norms regulating commercial relations between equal subjects, (including: laws and regulations on property rights, creditor's rights, intellectual property rights, marriage, family, adoption and inheritance, and company bankruptcy, securities, futures, insurance, bills, maritime business Laws and regulations)

4. Criminal law. The law that stipulates crime, criminal responsibility and punishment is that the ruling class in control of the government, in order to safeguard the political domination and economic interests of its own class, according to its own will, stipulates which acts are criminal and which criminal responsibility should be borne. The general term for the legal norms of people's criminal punishment.

5. Economic Law (including laws on national economic and social development planning, plans and policies, laws on the principles, guidelines and policies of economic system reform, budget law, audit law, accounting law, statistical law, agricultural law, enterprise law , Banking law, market order law, tax law, land management law, etc.)

6. Procedural law is the guarantee for the correct implementation of substantive law, and trial activities are a comprehensive use of substantive law and procedural law. As a symmetry of substantive law, procedural law cannot be simply equated with procedural law or judicial law, because procedural law is a large concept that includes non-procedural law such as administrative procedure law, legislative procedure law, election rules, and rules of procedure. Including Administrative Procedure Law, Criminal Procedure Law, Civil Procedure Law, etc. ( including: Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law, Arbitration Law, Lawyer Law, Notarization Law, Mediation Law, etc.)

7. Social law (including: legal norms to protect vulnerable groups, such as the law on the protection of minors, the law to protect the rights and interests of the elderly, etc .; legal norms to maintain social stability, such as labor law and social security law; protection of natural resources and ecology Environmental laws and regulations, such as the Environmental Protection Law, Energy Law, Natural Resources Protection Law, and Ecological Law; laws and regulations that promote social welfare, such as the Community Service Law, the Lottery Law, the Human Organs and Remains Donation Law, and the Fundamental Law for Funding; Legal norms for the development of science, education, culture, health, and sports, such as the law on teachers, the law on scientific and technological progress, the law on compulsory education, the law on education, the law on health, etc.)

8. Military law refers to laws and regulations related to military management and national defense construction, including the Military Service Law, National Defense Law, Regulations on the Ranks of Officers of the PLA, Protection of Military Facilities Law, Regulations on the Service of Active Officers of the People's Liberation Army, Regulations of the People's Liberation Army on the Service of Active Soldiers, the Law of the Hong Kong Special Administrative Region on Garrison, and the Regulations on Service and Preferential Treatment of Military Personnel. Military law is the sum of legal norms that regulate the legal relationship between national defense construction and the military.

Departmental law or departmental law refers to the legal unit composed of similar laws and regulations under the guidance of the Constitution. The legal department or legal department refers to the legal unit composed of various similar laws and regulations including the constitution. The constitutional department is included in the legal department or legal department; the constitutional department is not included in the departmental law or departmental law. In other words, the constitution is a legal department, but it is not a departmental law. ^[1]