Traditional Culture Encyclopedia - Traditional culture - The concept and basic characteristics of law?
The concept and basic characteristics of law?
Characteristics of law:
1. Normality: It is a constantly improving system of behavioral norms, which can regulate and restrict behaviors.
2. National will: it is a norm formulated by the state;
3. Universality: everyone is equal before the law, and the son of heaven and Shu Ren are guilty of the same crime;
4. Mandatory: you must abide by the law;
5. Procedural: there are strict procedural requirements, such as: prosecution-first instance-second instance-final instance-judgment, Miranda rule, and there are procedures to follow;
6. Stability: It cannot be changed overnight.
Extended data:
"Law cannot surpass human power", and the requirements of legal acts cannot surpass human cognition and ability. The requirements of the law should be what ordinary people can do, and what ordinary people can't do should not be established as legal obligations.
"Law does not force others to do things" requires that when a person is investigated for responsibility for his behavior, there must be the possibility of expectation, that is, under the conditions at that time, there must be the possibility of expecting behavior to carry out legal behavior, and if there is no possibility of expectation, he will not bear the fault responsibility.
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