What Are the Different Types of Legal Document Software?

The legal form is also called legal origin. Legal form (source of law) is a widely used concept that can be seen in almost all legal disciplines, like the general theory of legal source in jurisprudence; comparative law has a comparison of legal sources; history of legal They also talk about the legal origins in different historical periods, constitutional origin in constitutional law, economic law origin in economic law, civil law origin in civil law, procedural law in procedural law, and administrative law in administrative law. The origin of international law is the origin of international law at the beginning of the chapter.

Legal form

The legal form is also called legal origin. Legal form (source of law) is a widely used concept that

Origin of law (legal form): Refers to those who come from different sources (

(1) According to

The origins of contemporary Chinese law are statutory forms with the Constitution as the core. The sources of socialist law in China can be divided into the following categories:

Legal form constitution

The Constitution is a fundamental law formulated by the National People's Congress in accordance with special procedures with the highest effect. The Constitution is a basic law that reflects the will and interests of the ruling class, stipulates the basic principles of the state system and the social system, and has the highest legal effect. The Constitution is the fundamental law of our country. It has the highest legal status and legal effect in our legal system and is the highest legal source of our country. The Constitution consists of two basic norms, one is the Constitution of the People's Republic of China. The second is other subsidiary constitutional documents, which mainly include: the main state organs organization law, election law, regional ethnic autonomy law, special administrative region basic law, nationality law, national flag law, national emblem law, civil rights protection law, and other constitutional legal documents.

Legal form

Law refers to the normative legal documents formulated and promulgated by the National People's Congress and the Standing Committee of the National People's Congress, that is, laws in the narrow sense, which have the legal effect after the Constitution. Laws are divided into basic laws and general laws (non-basic laws and specialized laws). Basic laws are collectively referred to as the normative legal documents formulated by the National People's Congress to adjust the social relations in the country and society in general, such as criminal law, civil law, procedural law, and the law of the organization of relevant state agencies. General law is a collective term for normative documents formulated by the Standing Committee of the National People's Congress to adjust a specific social relationship or one aspect of the country and social life. Its scope of adjustment is smaller than that of basic laws, and its content is more specific, such as the Trademark Law and the Cultural Relics Protection Law.

Administrative Forms of Law

Administrative regulations are the general term for normative documents formulated by the State Council, the highest administrative organ of the State, in accordance with the Constitution and laws on issues related to the implementation of laws and the performance of administrative functions and powers, and in accordance with the special authorization of the National People's Congress. Its legal status and legal effect are second only to the Constitution and laws, but higher than local regulations and statutory documents.

Local regulations

Local regulations refer to normative documents formulated by local people's congresses and their standing committees with local legislative powers on local affairs and the need to implement laws and administrative regulations in accordance with the actual conditions in the region. The local people's congresses and their standing committees that have the power to formulate local regulations include the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government, and the people's congresses and their standing committees of larger cities. Larger cities refer to the cities where the people's governments of provinces and autonomous regions are located, the cities where the special economic zones are located, and the larger cities approved by the State Council. Local regulations are only valid in the jurisdiction.

Legal form regulations

The regulatory documents formulated by the ministries and commissions of the State Council, the People's Bank of China, the Audit Office, and directly-administered agencies with administrative functions, as well as the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and larger cities are called rules. The content is limited to the implementation of laws, administrative regulations, local regulations, and related specific administrative management matters.

Autonomous regulations and separate regulations of national autonomous areas

According to the Constitution and the Law on Regional Ethnic Autonomy, the people's congresses in ethnic autonomous areas have the right to formulate autonomous regulations and separate regulations in accordance with the political, economic, and cultural characteristics of local ethnic groups. Its scope of application is the ethnic autonomous area.

Laws and regulations of special administrative regions

The Constitution stipulates that "the State may establish special administrative regions when necessary." The Special Administrative Region shall enjoy administrative, legislative, independent judicial and final adjudication powers in accordance with the provisions of the Constitution and laws. The relationship between the Special Administrative Region and the central government is the relationship between the local government and the central government. However, the Special Administrative Region enjoys a high degree of autonomy not found in ordinary places, including the legislative power enjoyed by the Basic Law of the Special Administrative Region formulated by the National People's Congress. The forms of various types of laws in the Special Administrative Region are part of our law and a special form of our law. The laws enacted by the Legislative Council of the Special Administrative Region are also the origin of our law.

International treaties and administrative agreements in legal form

International treaties refer to bilateral, multilateral treaties, agreements and other documents of a treaty nature that China has concluded, joined, signed, acceded to, and recognized with foreign countries. , Covenants, exchange of letters, joint declarations, etc.). The content of these documents is the same as domestic law, except that China declares that its reservations are not subject to it at the time of conclusion, so it is also the origin of our law. An administrative agreement is an agreement between two or more governments on political, economic, trade, legal, documentary, and military matters. The difference between an international treaty and an administrative agreement is that the former is signed in the name of the state and the latter is signed in the name of the government. Note: Once our country and government have signed treaties or agreements with foreign or foreign governments, the signed treaties and agreements are also legally binding on domestic institutions, organizations and citizens.

Informal legal source categories

(1) Jurisprudence The so-called jurisprudence refers to those pre-existing judgment examples that may form the basis for judges to hear cases. China is not a common law system, nor does it exist in the form of case law. However, the typical jurisprudence selected, confirmed, and promulgated by China's highest judicial organs serves as the source of law in actual legal life.

(2) Habit is a source of law that exists in any legal and cultural context. Many rules of law come from custom. The legislature can formulate statutory rules based on custom. The judiciary often draws certain rules from custom to deal with certain cases. These are not in doubt. Generally speaking, habit is more important in history than in the present age in the system of the origin of law.

(3) Moral norms and the concept of justice This is the origin of the universal law. The ancient and modern schools of natural law have particularly emphasized the origin of this kind of law. Many of them not only regard these factors as the most important source of law, but even directly consider these factors as the form of law. Under Chinese cultural traditions, moral norms and their associated concepts of justice have become a source of law in China since ancient times.

(4) The theory, especially the law, is also one of the sources of ancient and modern resource law. In history and reality, the relevant doctrines even play the role of the guiding ideology of the legal system and the rule of law. Confucianism in the feudal era of China is the source of law. With the development of society, it is necessary to attach importance to legal theory, especially scientific and authoritative legal theory, and take it as an important source of resources.