Three basic principles of legislation

The Constitution is the law of all laws, the law with the highest level of legal effect, and is the fundamental law that comprehensively stipulates the fundamental and global relations or matters such as the nature of the state, the socio-economic and political system, the general mission of the state power, the basic rights and duties of citizens, and the state institutions. All other laws and regulations directly or indirectly take the Constitution as the basis or foundation of legislation, or may not contradict the Constitution or its basic principles. Leaving or even deviating from the principles or spirit of the Constitution, the legislation and even the entire legal system and legal order are bound to be disorganized. Therefore, legislation in all countries places great emphasis on the correct handling of the relationship between legislation and the Constitution, emphasizing that legislation should be based on the Constitution or should not contradict the Constitution. China's legislation is naturally so. 1982 Constitution clearly stipulates: "All laws, administrative regulations and local regulations shall not conflict with the Constitution." (Article V). (art. 5) It also provides that administrative regulations shall be formulated in accordance with the Constitution and the law. (Article 89) National autonomous areas may, in accordance with their right to autonomy, set forth autonomous regulations and separate regulations, while the Law on Regional National Autonomy, which sets forth the right to autonomy, is formulated in accordance with the Constitution. Similarly, departmental and governmental regulations may not contravene the Constitution.

2, the principle of the rule of law

Economic marketization, the political implementation of the rule of law, is a modern society is different from the previous society's distinctive signs. And these two need to have the rule of law to promote to guarantee. Thus, the more significant sign of modern society lies in the requirement to build a rule of law, the realization of the rule of law in national life and the modernization of the rule of law life. Like China, a country with a long tradition of the rule of man, in order to achieve modernization, it is all the more necessary to discard the rule of man and realize the rule of law. Legislation, as the prerequisite and foundation for building a State based on the rule of law, also needs to be subject to the rule of law and the principle of the rule of law needs to be adhered to. The basic requirements and main elements of this principle are highlighted as follows: the existence and exercise of all legislative power should be based on law; most aspects of legislative activity should be carried out in accordance with law; and the activities of social organizations or members in their capacity as subjects of legislation should be regulated by law in the exercise of their legal powers and the performance of their legal duties. Among the legal bases to be followed for legislation, the Constitution is the highest specification. Adherence to the principle of the rule of law in legislation requires a relatively comprehensive legislative system that provides a legal basis for the existence and exercise of legislative power and for the conduct of legislative activities. In particular, there must be a sound and specific legal system concerning the division of legislative power, the establishment of the main body of the legislature, the procedures for the operation of the legislature, the relationship between the legislature and political parties, the government and the judiciary, and the relationship between the central and local legislatures. The system in this regard is generally stipulated in the constitution and constitutional laws. This is the ****ual aspect of the principle of the rule of law in the legislation of States.

3, the principle of democracy

In modern countries and modern societies, legislation should adhere to the principle of democracy, is the legislation of various countries **** the same place, and is by no means a new theme. The democratization of national and social life is not only a common sense that has been universally accepted for a long time after more than two hundred years of historical development, but it is also presented as a form of system in an ever wider spatial scope of the world, even though democracy as a national system is in fact very different in countries and societies of different natures. On the other hand, however, the rationale, meaning, content and manner in which national legislation follows the principles of democracy are always closely linked to the national context and exhibit characteristics linked to that context. One should grasp the democratic principles of Chinese legislation from the perspective of combining the universality of modern democratic principles with the characteristics of the democratic principles of one's own country.

Legislative principles are the guiding ideology, basic guidelines and starting point for the creation of laws. It is a generalization of the legislative intent and legal consciousness of the ruling class. Laws can function effectively only if they are formulated under the guidance of legislative principles that correctly reflect the will of the ruling class.

The general principles of Chinese legislation are adherence to Marxism-Leninism and Mao Zedong Thought, adherence to the people's democratic dictatorship, adherence to the road to socialism, adherence to the four basic principles of the leadership of the Chinese ****anization Party and adherence to the basic principles of reform and opening up. The general principles are the principle of seeking truth from facts and starting from reality, the principle of correctly combining principle and flexibility, the principle of maintaining the seriousness, stability and continuity of the law, the principle of democratic legislation, and the principle of formulating legal norms of a founding and programmatic nature. These principles reflect the objective requirements of socialism with Chinese characteristics and embody the spirit of China's socialist democracy and legal construction.

Legislative activity is very much in need of principles, because legislative activity, as a particularly important activity of state power, cannot be followed without a guideline, and cannot be supported without an inner spiritual character. The basic principles of legislation, like the guiding ideology of legislation, the function or role of legislation is very prominent. When legislation follows certain principles, it helps the legislator to adopt an effective way to elevate a certain will to the will of the state power, so that the law enacted can effectively realize the legislator's purpose. Legislating according to certain principles helps the legislator to stand on a certain ideological and theoretical height to understand and grasp the legislation, so that the legislation can be guided by the selected ideological and theoretical guidance, along the direction of development in favor of the ruling party or the legislator. Legislation in accordance with certain principles, it will help the legislator from the overall situation to grasp the legislation, focused, prominent, emphasize some of the important will of the legislator; help the legislator to coordinate the legislative activities of their own relationships, the main thrust of the legislation and the spirit of unity, so that a variety of legislative activities and legislation and the adjustment of the object of the legislation, there is a consistent spirit of the character of the functioning of the object.