Competing: the commission of an act by the same subject meets the constituent elements of several legal responsibilities。
Exoneration from liability: time-barred, non-suitable, agreed, self-confident, force majeure, etc。
Legal sanctions: criminal, civil, administrative, unconstitutional。
Operation of the law
(i) legislation
Legislative system: national legislative power, local legislative power, executive legislative power, national legislative power, delegated/commissioned legislative power。
Legislative process: proposals, deliberations, voting adoption, publication。
Legislative review: ex ante and ex post。
(ii) implementation of the act
Law enforcement and the administration of justice: the administration of justice is the state administration and the administration of justice is the state judicial organ。
Compliance with the law: activities of citizens, legal persons, social organizations and state bodies in accordance with the constitution and the law。
Legal supervision: national legal oversight system and social legal oversight system。
(iii) general rationale for the application of the law
Objective: to obtain a reasonable legal decision. Predictability and legitimacy。
Steps: large premise + small premise conclusion。
Evidence of the law: internal and external。
(iv) legal interpretation
Types: semantic interpretation, subjective interpretation, systemic interpretation, historical interpretation, comparative interpretation, objective interpretation。
Contemporary system of interpretation of chinese law: formal interpretation (legislative interpretation, judicial interpretation, administrative interpretation) and informal interpretation (scientific interpretation, arbitrary interpretation)。
(v) legal reasoning
Arguments, reasoning, analogies, reverse reasoning, ex officio reasoning, evidentiary reasoning。
(vi) legal loopholes
Concept: the law, according to its normative purpose, should provide for it but not for it。
Categorization: full and partial loopholes; visible and hidden loopholes; opening and subsequent loopholes。
Gap-filling approach: expansion of purpose and limitation of purpose。
Iii. Evolution of the law
(i) origin and development of the law
Means of development: succession of laws and legal transposition。
(ii) traditionality and modernization of the law
French: civil, common law, socialist. The classification criteria are historical traditions and external features。
Modernization: signs are separated from morality, with internal and external hairstyles。
(iii) the doctrine of the rule of law
Rule of law: the legal system in general means that there is a state。
Rule of law: the supreme authority of the law in the life of society, the rule of good law, the guarantee of human rights and the exercise of state power in accordance with the law。
Iv. Law and social
(i) law and technology
Scientific and technological developments affect the scope of the law, which guarantees them。
(ii) law and ethics
Linkages: generation, formal attribution, content, function, level of development。
Distinction: manner of generation, expression, scope of adaptation, content structure, implementation, conflict resolution。
Constitutional science
I. The basic theory of the constitution
(i) constitutional overview
Characteristics: the constitution is the fundamental law of the state (the most fundamental, the most effective and the most rigorous of procedures); it is the guarantor of civil rights。
Nature: the concentration of political forces against each other。
Classification: written and unwritten constitutions; rigid and soft constitutions; acquis, populative and conventional constitutions。
Basic principles: the principle of people's sovereignty, fundamental human rights principles, the rule of law, the principle of restraint of power。
(ii) history of constitutional developments
United states constitution of 1787 - the first written constitution in the world。
The french constitution of 1791 — the first written constitution on the european continent。
The 1918 constitution of russia - the first socialist constitution in the world。
The 1954 constitution — the first socialist constitution in our history。
(iii) origin of the constitution and structure of the constitution
Sources: constitution, constitutional law, constitutional practice, constitutional jurisprudence, international treaties。
Structure: preamble, text (fundamental principles of state and social life, basic rights and duties of citizens, state institutions, national athem capital), by-laws。
(iv) constitution-making
Both constitutional and constitutional revision powers are rooted in state authority. Main subjects: formulation by the people, revision by the national people's congress, interpretation by the standing committee of the national people's congress。
(v) constitutional changes
Organ: national people's congress. Procedure: the subject of the proposal is the representative of the whole person, or more than one-fifth, who is required to represent the whole person by more than two-thirds, and the publication body is the presidency of the national people's congress。
Ii. General system of the state
(i) country nature (state body)
The people's democratic dictatorship, the system of multiparty political cooperation and consultation, and the patriotic unity front。
(ii) basic economic system
Socialist communal economy: universal ownership and collective economy。
Non-public economy: an important component of the socialist market economy。
State attitude to property: public property is sacred and private property is inviolable。
(iii) basic cultural system
The development of education, science, literature and art, and civic and moral education。
(iv) basic social system
Family planning, human training, labour security, health care, social security, social order and security。
(v) form of political organization
The people's assembly system is the fundamental political system。
(vi) form of state structure
My country is a unitary state。
(vii) administrative division of the country
Cross-cutting: general administrative divisions, autonomous ethnic regions, special administrative regions。
Vertical: provincial, district, communal。
(viii) system of national regional autonomy
Autonomous areas: autonomous regions, autonomous regions, autonomous districts。
Self-governing bodies: people's congress and government in autonomous regions, autonomous regions and autonomous districts。
Autonomy: autonomy regulations and one-way regulations, rights of variation, self-management of local finances, external communication, etc。
(ix) electoral system
Basic principles: universality, equality, direct and indirect use, secret voting, election by margin。
Basic procedures: conduct of elections, delimitation of constituencies, voter registration, nomination of candidates, voting, publication, review of representation。
By-elections, dismissals and resignations of representatives。
Rights of deputies of the people's congress: exoneration from liability for speech, right to special protection of the person, right to material security。
(x) special administrative district system
Distribution of powers: central and district authorities。
Political system: institutional competence, official qualifications, executive branch, judiciary。
