Classification in terms of law

Written and unwritten laws are categorized according to the form in which they are created and expressed. Written law is the right to formulate legal norms of the state organs in accordance with the legal procedures for the formulation of normative documents. Such as the constitution, laws, administrative regulations, local regulations, etc.; unwritten law refers to not formulated by the state, but recognized by the state and give legal effect to the rules of conduct, such as customary law, jurisprudence, jurisprudence, etc. (see the sources of law). Domestic and international law are categorized according to the subject of law-making and the scope of application. Domestic law is formulated or recognized by the country, is to provide for a variety of social relations within the country's domestic law, and within the scope of the sovereignty of the country is effective, such as the constitution, civil law, criminal law, procedural law, etc.; international law refers to the different countries in the agreement and recognition of the basis of the application of the main body of the country is the state, is to provide for the bilateral or multilateral relations between countries, such as a variety of international treaties, agreements, etc..

Constitutional laws and ordinary laws are categorized according to the content of the law and the strength of the law. Constitutional laws are legal documents with the highest legal effect, enacted and promulgated by the Constituent Assembly or the general legislature in accordance with specific procedures or general legislative procedures, and are the legislative basis of ordinary laws. It usually stipulates the political and economic system of the country, the basic principles of the organization, authority and activities of state institutions, the basic rights and duties of citizens and other fundamental issues, so it is also called the fundamental law or mother law. No other law may contradict the Constitution. Ordinary laws refer to the normative legal documents formulated and promulgated by organs with legislative power in accordance with legislative procedures. It usually stipulates the rules of behavior for a certain social relationship or a certain aspect of social relationship, and its legal effect is second only to that of the Constitution. Relative to the constitution, also can be called sub law. For example, the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and the Marriage Law of the People's Republic of China. According to China's 1982 Constitution, ordinary laws subordinate to the Constitution can be subdivided into basic laws (e.g., basic laws on criminal matters, civil matters, and the organization of State institutions) and laws other than basic laws. The former are enacted and adopted by the National People's Congress; the latter are enacted and adopted by the Standing Committee of the National People's Congress.

Substantive and procedural laws are categorized according to their content. Any law that stipulates the rights and obligations between the subjects of a legal relationship is a substantive law, such as administrative law, civil law, criminal law, marriage law and so on. Laws that specifically provide for the terms of reference, organization and principles of activity of certain types of State organs are also referred to as organizational laws, such as the Organizational Law of the People's Congresses and People's Governments at Local Levels in the People's Republic of China, the Organizational Law of the People's Courts, and the Organizational Law of the People's Procuratorates. Any law that provides for the realization of substantive law relating to litigation formalities is procedural law, also known as procedural law, such as the Civil Procedure Law and the Criminal Procedure Law. The relationship between substantive law and procedural law, the former in a dominant position, also known as the main law; the latter is to ensure the realization of substantive law. Also known as auxiliary law. In trial practice, both substantive law and procedural law, trial practice is the comprehensive application of substantive law and procedural law.

Special law and general classification made in accordance with the scope of legal effect. From the spatial effect, the law applicable to a particular region for the special law, the law applicable to the whole country for the general law. From the point of view of the effect of time, the law applicable to extraordinary times (such as emergency martial law, war time implementation of the law, etc.) for the special law, the law applicable to ordinary times for the general law. From the point of view of the effect on human beings, the laws applicable to specific citizens (such as military service law) are special laws, and the laws applicable to all citizens are general laws. The relationship between the special law and the general law lies in the fact that the special law generally takes precedence in special cases.

Public law and private law bourgeois jurisprudence is more generally divided into public law and private law, this classification was first put forward by the ancient Roman jurist D. Urbian (about 170~228), widely used by future generations of jurists. There are a lot of jurists according to public law, private law to establish the system of law, but what criteria for the division of public law, private law, the statement is very inconsistent. The main doctrines are: ① interest (also known as the purpose of saying), that all to protect the public interest of the state for the purpose of the law for public law; all to protect private interests for the purpose of the law for private law. Urbian pioneered this theory. ② subject, that is, the subject of the legal relationship for the division of standards, that the subject of the legal relationship between the two sides or one of the state or the state belongs to the public **** group of public law; the subject of the legal relationship between the two sides are private private law. (3) The power theory, that all the provisions of the power between the state and the citizens to obey the relationship is public law; all the provisions of the rights of the citizens of the reciprocal relationship is private law. In addition, there are also those who believe that the law that regulates the relationship between state organs, the political life between the state and democracy (or the relationship of public power) is public law, and the law that regulates the relationship between citizens and the civil life between the state and citizens (or the relationship of private power) is private law. The above statements are not absolute opposites, but relative. In spite of the differences, generally the constitution, administrative law, criminal law, etc. are categorized as public law, while the civil law, marriage law, commercial law, etc. are categorized as private law. But there are also bourgeois law scholars who are fundamentally opposed to the division of public law and private law. For example, the English jurist J. Austin believed that all laws are the orders of the sovereign, through the power of the state to play a compulsory role, not because of the public law and private law and different. American box Austrian jurist H. Kelsen also opposed to the law for public law, private law division. In fact, the division of public law and private law is based on private ownership, in socialist countries generally do not make the division of public law and private law.

Since the 20th century, some scholars have emphasized the existence of economic law and the so-called social law, which lie between public and private law. Due to the development of the capitalist economy, the state intervenes in the economy through legislation, the so-called "public law of private law" or the so-called "socialization of law", in the economy, social security, labor relations and other aspects of the formation of public law and private law intertwined, and thus the emergence of a new type of economic law as an intermediate field and the so-called social law, such as anti-monopoly law, securities and exchange law, social insurance law, environmental protection law, and so on.

Categorization of inherent and inherited law according to the relationship of the origin of the law. Some scholars believe that some of the national laws are inherited from the old laws that existed long ago in history, and some are modeled on foreign laws. Any law enacted in accordance with the country's inherent culture and the historical tradition of law is called inherent law; any law enacted in imitation of foreign law is called the law of inheritance. The imitation of foreign law is usually referred to as the "mother law", the inheritance of the law is known as the "child law", such as & lt; German civil code & gt; modeled on the Roman law, the former for the child law, the latter for the mother law.

Common law and equity in the common law, according to the historical development of English law in the Middle Ages, usually divided into common law and equity. Common law is since 1066, after the conquest of England by William, Duke of Normandy, the king in order to weaken the power of the local feudal lords, strengthen the power of the king, through the kingdom of the court and the circuit judges of the jurisprudence of the law of the country generally applicable, and therefore called the "common law"; Equity is from the 14th century as a remedy for the shortcomings of the common law, through the royal justices of the principle of equity (i.e., the fairness of the case of jurisprudence arising from the law, alongside common law. law, alongside the common law.

Establishment and case lawCommon law and equity are also collectively known as case law because they both exist in the form of precedents. However, the scope of case law is wider than that of common law and equity. The opposite of case law is enactment. The enactment of law refers to the state organs in accordance with the legal terms of reference and procedures for the enactment of law, in essence, the same meaning as the written law. However, in general legal writings, the enactment of law and case law, as opposed to written law and unwritten law. In western countries in legal writings, enactment of law is sometimes called positive law. Now scholars of the common law system generally believe that the enactment of the law is higher than case law, but case law through the judge to apply the law in the process of interpretation of the enactment of the law still has some constraints.