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What are administrative law, criminal law and civil law?
Administrative law, civil law and criminal law are three major components of China's overall legal system, and they are three equal legal systems used to adjust state administration, civil rights and punish crimes respectively.
the basic difference between the three
the so-called administrative law is simply understood as the law that adjusts the relationship between state administration and management. It is used to restrict, standardize and supervise administrative behavior.
Civil law is used to adjust the property relations and personal relations between citizens, legal persons and citizens and legal persons.
criminal law is used to punish criminal acts.
basic overview of the second and third
(1) administrative law:
a simple understanding is the law regulating the relationship between state administration and management. It refers to all kinds of relations between the administrative subject and the administrative counterpart and the administrative legal supervision subject in the process of exercising administrative authority and accepting administrative legal supervision, as well as the general name of legal norms of all kinds of relations within the administrative subject.
it consists of administrative organization law, administrative behavior law, administrative procedure law, administrative supervision law and administrative relief law. Its focus is to control and standardize administrative power and protect the legitimate rights and interests of administrative counterparts.
(2) Civil law:
Civil law is one of the most important legal departments in China's legal system. According to different angles, people use the concept of "civil law" with different meanings:
First, civil law can be divided into formal civil law and substantive civil law. The so-called civil law in the formal sense refers to the written civil code (that is, the civil code); The so-called substantive civil law refers to all laws, regulations, case law and customary law with the nature of civil law. For example, in China, the General Principles of Civil Law is the basic civil legislative document before the Civil Code has been formulated. In addition, the Contract Law, the Guarantee Law, the Copyright Law, the Patent Law, the Trademark Law and the Inheritance Law are separate civil laws and regulations. In China's Constitution and other departmental laws or regulations, all legal provisions involving civil issues are part of civil law;
secondly, civil law can be divided into narrow civil law and broad civil law. Narrow civil law refers to the civil law in the sense of department, excluding commercial code and special commercial law; The scope of civil law in a broad sense is equivalent to that of traditional private law, that is, commercial code and special commercial law (such as company law, negotiable instrument law, maritime law, insurance law, bankruptcy law, etc.) are all components of civil law.
article 2 of the general principles of the civil law stipulates that the Chinese people and the national law regulate the property relations and personal relations between citizens, legal persons and citizens and legal persons as equal subjects.
(3) Criminal Law:
Criminal Law is a law that stipulates crimes, criminal responsibilities and penalties. It is the general name of the legal norms that the ruling class in power, in order to safeguard its political rule and economic interests, stipulates which acts are crimes and what criminal responsibilities should be borne according to its own will, and gives criminal suspects what criminal penalties.
there are broad and narrow criminal laws in criminal law. The broad criminal law is the general name of all criminal legal norms, and the narrow criminal law only refers to the criminal code, which is the Criminal Law of the People's Republic of China in China.
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