Law homework 1
Fill in the blanks
1, legal phenomenon 2, specific one-off 3, some kind of repetition 4, spontaneous consciousness of general individuals
5. State 6. State compulsion 7. The class ruling function of law. Social public function of law. Protection 9. Economic basic class will 10. External characteristics of historical tradition
Second, the single choice
1、B 2、B 3、D 4、C 5、D 6、B 7、B 8、A 9、D 10、A
Third, multiple choices.
1、AB 2、BCD 3、BCD 4、ABCD 5、A？ 6、AD 7、AD 8、ABCD 9、BD 10、BCD
Four. Noun interpretation
1. The legal system is a unified whole composed of legal departments with internal organic relations. The legal system is a knowledge system composed of different but related branches. The social relations of legal adjustment are diverse, so the scope of legal research on various legal phenomena and their development laws in society is very wide, thus forming many branches. These branches constitute an organic knowledge system, that is, the legal system.
2. Jurisprudence is a theoretical discipline in the basic theoretical position in the legal system. Systematically expounded the Marxist view of law; Study the general law of law and legal reality as a whole, and study the basic problems such as the emergence, essence, function and development of law.
3, the law is formulated or recognized by the state, with the mandatory force of the state to ensure implementation, reflecting the will of the ruling order (that is, the stage of mastering state power), with rights and obligations as the main content, and a universally binding normative system. It has the characteristics of standardization, national compulsion, class will and material restriction.
4. The value of law is the positive significance that the object of law (institutionalized object) meets the needs of individuals, groups, society or countries.
Verb (short for verb) Group discussion:
The difference and connection between custom and law
Group discussion record sheet
group member
Zhang Wu Qi Qian Ba Cui Jiu Jiang Shi
Group leader
Zhang San
Discussion personnel
Zhang Wu Qi Qian Ba Cui Jiu Jiang Shi
Discussion time
On the afternoon of June 8, 2008, 1 1 (South Teaching Zone 30 1 classroom)
Discussion moderator
Lisi
Outline of self-speech
A. the relationship between law and primitive customs
Laws and customs are codes of conduct used to regulate people's behavior, adjust certain social relations and maintain social order. Law has something to do with primitive habits. Law evolved from primitive habit, which is the continuation of primitive habit, but there is historical continuity between law and primitive habit in content.
2. The difference between law and primitive customs
The main differences between law and primitive custom are as follows: (1) is produced in different ways. (2) They have different economic bases. (3) The will embodied in the two is different. (d) The scope of application of the two is different. (e) Both are implemented in different ways.
Excerpts from other people's speeches
Abstract of Wu Wang's speech: Habit refers to a kind of thinking tendency, behavior pattern and social fashion that people gradually develop in their long-term life. Custom and customary law are two different concepts. Only the customs recognized by the state can become customary law. In other words, what we generally call custom has no legal effect and is not a legal source.
Abstract of Liu Zhao's and Ding Qi's speeches: (1) The social relations reflected by customs and laws in primitive society are different. The habits of primitive society reflect the equality of primitive society and social relations without class, so primitive habits have no class; Law is a social norm after the development of society to a class society. It only reflects the social relations of a class society, and the law has a class nature. (2) The habits of primitive society are different from the will embodied in the law. The habits of primitive society reflect the common interests and will of all members of the clan and tribe; The law reflects the political and economic will of the ruling class. (3) The customs and laws of primitive society were formed in different ways. The customs of primitive society were formed by autonomous organizations representing the interests of all members of the clan or tribe, and the whole clan society was formed by public opinion or other forms; And the law is known or recognized by the country, the ruling class organization that implements class rule. (4) The habits of primitive society are different from those guaranteed by law. The habit of primitive society depends on the power of tradition and habit and the influence of the whole society to ensure its implementation; The implementation of the law must be guaranteed by the state's coercive force. (5) The habits of primitive society are different from the effective scope of law. The customs of primitive society are limited to clans and tribes related to blood apes, no matter where they are; And the law takes effect within the scope of national sovereignty. This also reflects the internal relationship between the law and the state, because the state divides residents by region.
The existence and development of human society can not be separated from various social norms. Social norms are rules of conduct that regulate social relations between people, including legal norms, moral norms, religious norms, social group norms and so on. As a special social norm, law has the following basic characteristics: (1) Law is a normative, universal and predictable social norm.
Marx pointed out that "law is an affirmative, clear and universal norm". Laws are normative, general and predictable. Normalization means that the law stipulates what people can do, what they should do and what they should not do under certain circumstances, that is, it stipulates the mode, standard and direction for people's behavior. Generality means that the object of law is abstract and ordinary people and things, and the law can be reused under the same circumstances and conditions. Predictability refers to the possibility that people can foresee the state's attitude towards themselves and others' behavior and the legal consequences, because the law stipulates people's behavior patterns, which becomes the standard to evaluate whether people's behavior is legal or not. (2) Law is a social norm formulated or recognized by the state. Laws are formulated or recognized by the state, which is one of the important characteristics that distinguish laws from other social norms. Formulation and approval are two basic ways and means for the state to create legal norms. The so-called "formulation" means that there are no certain rules of conduct in social life. According to the needs and legal procedures, legislators formulate various normative legal documents through corresponding state organs to reflect such rules of conduct. The so-called "identity" refers to the existence of certain rules of behavior (such as morality, habits, religion, etiquette, etc.). In social life, the state recognizes it in a certain form and gives it legal effect. Whether it is formulated or approved, it is inextricably linked with state power and embodies the will of the state. (3) Law is a social norm that stipulates people's rights and obligations. The core content of law is to stipulate people's legal rights and obligations. Statutory rights refer to certain rights given to people by law. Legal obligation refers to some kind of responsibility that people must perform according to the law. The law confirms, protects and develops social relations and social order that are beneficial to the ruling class through people's rights and obligations in certain social relations. (4) Law is a social norm guaranteed by the state's coercive power.
The implementation of any social norm needs some strength to ensure it. But among all social norms, only laws are enforced by the state. In order to enforce the law, the ruling class relies on the military, police, courts, prisons and other violent machines to force all members of society to obey the law. In any country, violation of laws and regulations will be investigated for legal responsibility by special state organs in accordance with legal procedures. Therefore, law is a universally binding social norm. However, it is precisely from the "last line of defense" of law that the law is implemented through state coercion, which does not mean that state coercion is the only way to realize the law.
Summary of Jiang Shi's speech: I totally agree with the speeches made by several students just now.
Law homework ii
I. Explanation of Nouns
"1" and "one country, two systems" are the systems implemented by China to solve the problem of peaceful reunification. It means that under the premise of one China, the main body of the state adheres to the socialist system, while Hong Kong, Macao and Taiwan Province provinces keep the original capitalist system unchanged for a long time.
2, legal adjustment is based on the needs of a certain social life, using a series of legal means to exert a fruitful and standardized organizational role on social relations.
3. Legal system: The legal system is the whole system of the legal superstructure with the law as the core in a country or region, including the existing laws, legal awareness and legal practice adapted to the existing laws. There are usually two meanings. First, the rule of law refers to laws and systems; One view is that the rule of law is the abbreviation of legal system. Legal system can refer to the sum of laws and regulations in a certain region of a country; One refers to a specific legal system.
4. Rule of law: it is the principle of managing the country by using the substantive tool of law, and advocates the principle of governing the country strictly according to law.
5. Democracy: The meaning of democracy refers to a national system. It refers to the state system that jointly manages state-owned things within a certain class and in accordance with the principle of equality and the principle that the minority is subordinate to the majority. The original intention of democracy is a state form of "majority rule", which is different from the autocratic rule of individuals. "Majority rule" refers to the majority within the ruling class. The "democracy" mentioned in textbooks first refers to its original intention, that is, democracy as a national system, which is usually called "democracy". This is a national system that is opposite to the autocratic system.
6. Legal consciousness is a special form of social will, and it is the general name of people's thoughts, opinions, knowledge and psychology about law and legal phenomena.
7. Legal culture is the sum of experience, wisdom and knowledge accumulated in law making, law enforcement, legal education and legal research activities.
Second, questions and answers
1, the meaning of one country, two systems
One country, two systems is a system implemented by China to solve the problem of peaceful reunification. It means that under the premise of one China, the main body of the state adheres to the socialist system, while the original capitalist systems in Hongkong, Macau and Taiwan Province Province remain unchanged for a long time. After the implementation of "one country, two systems", the socialist nature of mainland laws remains unchanged, and the capitalist nature of Hong Kong, Macao and Taiwan laws remains unchanged. Socialist laws are the main body of our legal system. Therefore, the law of contemporary China has a unique situation of "one country, two laws" in essence. However, under the condition of "one country, two systems", the situation of one country, two systems is different from that of one country, two systems in history. At present, the fundamentally different legal systems under the condition of one country, two systems in China are no longer mutually exclusive and antagonistic, but long-term coexistence, mutual benefit, mutual promotion and common prosperity and development. In a word, one country, two systems will not change the essence of socialist laws in China, capitalist laws in the Special Administrative Region, and the socialist nature of the main body of laws in China. The socialist nature of the legal subject in contemporary China will not change the capitalist nature of the Special Administrative Region.
2. Special legal principles of socialist law
(1) The rule of law is a principle that all state organs, social organizations, public officials and citizens must strictly abide by the law. The Constitution of China stipulates: "People of all ethnic groups, all state organs and armed forces, political parties, social organizations, enterprises and institutions throughout the country must take the Constitution as their fundamental activity criterion and have the responsibility to safeguard the dignity of the Constitution and ensure its implementation."
(2) The principle of equality before the law embodies the special regularity of law as a regulator to measure people who are actually unequal with the same scale. This principle not only refers to equality of rights, but also includes equality of obligations. This principle is consistent with the rights and obligations of citizens, and embodies the consistency of individual interests, collective interests and national interests in socialist society. This principle is not only embodied in the process of law creation, but also in the process of law implementation.
3. The relationship and difference between policy and law.
The relationship between socialist law and the party's policies: China's policy is the core content of socialist law; Socialist law is a legal weapon to implement the policies of the party and the state.
The difference between socialist law and the party's policy: (1) The law is formulated or recognized by the state and has the attribute of national will. Policies are formulated by party organizations and do not have the attribute of national will. (2) the law is enforced by the state and has universal binding force. The policy is realized through ideological work, persuasion and education, party member's exemplary leading role and the Party's discipline guarantee. Some policies of the Party are not binding on every citizen. (3) Laws are manifested in constitutions, laws, regulations and other normative documents. Before a policy is formulated or recognized as a legal norm, it is expressed in the form of decisions, resolutions, plans, declarations, notices and meeting minutes. (4) The content of the law is specific, clear and detailed. It not only tells people what they can do, what they should do and what they are forbidden to do, but also stipulates the responsibilities they should bear if they violate the law. General comparison principles and generalizations of policies. (5) The law is relatively stable. The policy is flexible and changeable.
4. The connection and difference between morality and law.
Morality and law are two main forms of social norms, which are both different and related.
The difference between morality and law: (1) Different conditions. In primitive society, there were no laws in the modern sense, only moral norms or religious taboos, or clan habits. Law came into being at the end of primitive society, accompanied by the disintegration of clan system and the emergence of private ownership and class. The generation of morality is synchronous with the formation of human society. Morality is the most basic normative system to maintain a society. Without ethics, the whole society will fall apart. (2) Different forms of expression. Law is a code of conduct formulated or recognized by the state, with clear content, which is usually expressed in the form of various legal sources, such as national statute law, customary law, case law and so on. The content of moral norms exists in people's consciousness and is expressed through people's words and deeds. It generally does not resort to words, and its content is principled and abstract. (3) The adjustment range is different. From a deeper perspective, morality not only adjusts people's external behavior, but also adjusts people's motives and internal activities. It requires people to act according to noble intentions and pursue goodness for the sake of goodness. Although the law also considers people's subjective fault, if there is no illegal act, the law does not punish the subjective fault itself, that is, there is no "ideological crime"; In breadth, legal adjustment is generally moral adjustment. Of course, there are also some legal areas that hardly include any moral judgment, such as special procedure rules, circulation rules of bills, and organizational rules of the government. In these fields, the guiding concept of law is convenience and efficiency, not morality. (4) Different mechanisms. The law is enforced by the state's coercive force; Morality is mainly maintained by the power of public opinion and tradition and people's self-discipline. (5) The content is different. The content of law is rights and obligations, which generally require equality. Without rights, there is no obligation, and without obligations, there is no right. Morality generally only stipulates obligations and does not require equal rights. For example, in the face of a drowning person, morality requires you to have the obligation to save people, but it does not give you the right to claim compensation from him. It is usually considered immoral to ask for remuneration from the rescued drowning person.
Morality and law are interrelated. They all belong to the superstructure and serve a certain economic base. They are two important means of social regulation. Since mankind entered a civilized society, any society has to resort to these two means at the same time when establishing and maintaining order, but this is only biased. The two complement each other, promote each other and promote each other. The relationship is as follows: (1) Law is an effective means to spread morality. (2) Morality is the evaluation standard and driving force of law and a useful supplement to law. (3) Morality and law will be transformed into each other in some cases. With the development of society, some morals have gradually emerged, which are considered to be very important to society and in danger of being frequently violated, and legislators may bring them into the scope of law. On the contrary, some behaviors that were regarded as immoral in the past and therefore need to be prohibited by law may quit the legal field and turn to moral adjustment.
5, the relationship and difference between the rule of law and the rule of law.
The rule of law and the rule of law are two concepts that are both different and related, and cannot be confused. The main differences between them are as follows: (1) Legal system is the abbreviation of legal system, which belongs to the category of system and is a practical thing; The rule of law is the abbreviation of legal rules, and it is a principle and method of governing the country. Compared with the rule of man, it is a perfection and transformation of the legal system and a real thing. (2) The emergence and development of the legal system is directly related to all countries, and any country has a legal system; The emergence and development of the rule of law is not directly related to all countries, and the rule of law only exists in democratic countries. (3) The basic requirement of the legal system is that all work should be legalized and institutionalized, and laws should be strictly enforced and violators should be prosecuted; The basic requirement of the rule of law is to act in strict accordance with the law, and the law has supreme authority and compulsion in various social adjustment measures, not the willfulness of those in power. (4) the main sign of the implementation of the legal system is that a country has relatively complete laws and systems in legislation, law enforcement, justice, law-abiding and legal supervision; The main sign of the rule of law is that any organ, organization and individual in a country, including the highest level of the country, strictly abide by the law and act according to law.
The relationship between them lies in: the legal system is the foundation and premise of the rule of law, and the implementation of the rule of law must have a complete legal system; The rule of law is the foothold and destination of the legal system, and the future of the legal system is bound to be the ultimate realization of the rule of law.
6. How to cultivate and strengthen citizens' legal awareness?
To enhance citizens' legal awareness, we should make efforts from six aspects: correcting the guiding ideology of law popularization, deepening the education of law popularization, strengthening the awareness of legal prevention, strengthening the construction of political and legal cadres, grasping the work of law popularization from the source, and publicizing the work by public opinion. (specifically, I explained it myself. )
Law homework 3
The creation of the third compiling method and the realization of the fourth compiling method
I. Explanation of Nouns
1, the creation of laws is the activity of the state or state organs to formulate or recognize, modify or abolish legal norms in accordance with legal procedures.
2. Legal norms refer to the rules of conduct formulated or recognized by the state, which reflect the will of the ruling class and are guaranteed by the state's coercive force.
3, the legal system refers to a country or a region's current legal norms according to the different legal departments of the organic unity of the whole system.
4. The department of law refers to the classification of an existing legal norm according to its different social relations and different adjustment methods.
5. The source of law (formal source) only refers to the source of the legal effect of law, that is, how a rule of conduct came into being, and in what external form it is considered as a legal norm, which has the effect of legal norms and becomes the normative basis for state organs to hear cases or deal with problems.
6. The realization of law refers to the concrete implementation of legal norms in people's behavior, in which people enjoy rights, perform obligations and abide by prohibitions.
7. The application of law refers to the activities of specialized state organs and social organizations authorized by the state to adjust and protect specific social relations by using state power in accordance with the provisions of the law.
8. The validity of legal norms refers to the effective scope of legal norms, that is, when, where and to whom legal norms are legally binding.
9. Legal relationship is a special social relationship in the form of rights and obligations between subjects according to legal norms.
10, legal supervision refers to the relevant state organs in accordance with the statutory authority and legal procedures, the creation and implementation of the law to supervise and supervise the legality.
Second, questions and answers
1, the basic principles of China's legal creation
The basic principle of law-making is to implement the code of conduct in the whole law-making activities, which is the standardization and concretization of guiding ideology, the form of guiding ideology and the guarantee of implementation.
Generally speaking, China's socialist legislation should follow the following basic principles: (1) the principle of seeking truth from facts and proceeding from reality; (2) the principle of constitutionality and legal unity; (3) the principle of combining domestic practical experience with foreign experience; (4) The principle of combining principle with flexibility; (five) the principle of overall consideration and reasonable arrangement; (six) the principle of combining the mass line with the work of specialized agencies and combining democracy with centralization; (7) the principle of combining the stability, continuity and seriousness of the law with the timely creation, modification and abolition.
2, the law making process
The legislative procedure is the legislative procedure. In a broad sense, the legislative procedure refers to the working methods, steps and sequences of the subjects with legislative power in the process of formulating, amending, supplementing, abolishing and approving various normative documents and legal norms. In a narrow sense, legislative procedure refers to the working methods, steps and sequence of the highest state power organ (or Congress) in the process of formulating, amending, supplementing and abolishing various normative documents. The National People's Congress of China and its Standing Committee enact laws through the following procedures:
(1) The promulgation of the legal case is the first stage of the legislative process of the National People's Congress and its Standing Committee. The so-called introduction of legal bills means that according to the relevant provisions, state organs or individuals with corresponding functions and powers submit bills to the National People's Congress or its Standing Committee on the formulation, amendment and repeal of laws. The "law" here is narrow and does not include the constitution. Because there are special procedures for the revision of the Constitution, Article 64 of the Constitution of People's Republic of China (PRC) (hereinafter referred to as the Constitution) stipulates: "The revision of the Constitution shall be proposed by more than one-fifth of the NPC Standing Committee or the National People's Congress."
(II) Deliberation of Legal Cases Deliberation of legal cases is a key stage in the legislative process, and it is also the second stage of the legislative process. Deliberating a bill means that the National People's Congress and its Standing Committee examine and discuss the bill put on the agenda of the meeting. Step 3 pass the bill
(3) The passage of a bill refers to the activities of the National People's Congress and its Standing Committee to decide whether a draft law can become a formal law by voting. This is an important part of the legislative process. In China, the National People's Congress and its Standing Committee all adopt voting methods.
(4) Promulgating the law Promulgating the law refers to making the laws passed by the legislature public in a certain way and form. According to the Constitution, the President promulgates laws in accordance with the decisions of the National People's Congress or the NPC Standing Committee. The presidential decree specifies the promulgation organ, adoption and implementation date of the law.
3. Logical structure of legal norms
The logical structure of legal norms includes three elements: assumption, handling and sanctions. (1) Assumption: the part of legal norms that specifies the conditions of use. (2) Handling: the part of legal norms that shows what people can do, what they should do and what they should not do. (3) Sanctions: legal norms about what kind of legal consequences will be borne after violating the norms.
4. Main legal departments in China
The legal departments in China mainly include: (1) Constitution; (2) administrative law; 3. Civil law (civil and commercial); (4) criminal law; (5) Economic law and environmental law; (6) procedural law; (7) Military law; Wait a minute. This is a classification of law, and the classification standard is the specific adjustment object and adjustment mechanism of law.
5. The origin of China law.
The main sources of laws in China are: (1) The Constitution is in China, and the National People's Congress supervises the implementation of the Constitution, while the National People's Congress Standing Committee (NPCSC) interprets and supervises the implementation of the Constitution, and investigates violations of the Constitution. (2) The narrow law only refers to the normative documents formulated by the National People's Congress and its Standing Committee. We only use the narrow sense here. In the origin of contemporary China law, the status and effectiveness of law is second only to the Constitution. It is divided into two categories: one is the basic law, that is, the normative documents in criminal, civil and state institutions formulated and revised by the National People's Congress; The other is the law other than the basic law, that is, the normative documents formulated and revised by the National People's Congress Standing Committee (NPCSC). When the National People's Congress is not in session, the NPC Standing Committee also has the right to partially supplement and amend the laws enacted by the National People's Congress without violating the basic principles of the law. The normative resolutions, decisions, regulations and measures made by the National People's Congress and its Standing Committee also belong to the origin of "law". (III) Administrative Regulations Administrative regulations refer to the normative documents formulated by the State Council as the highest administrative organ of the country, and its legal status and effectiveness are second only to the Constitution and laws. (4) Local regulations, regulations on ethnic autonomy and normative documents of special economic zones. Local regulations are normative documents with legal effect within their respective administrative areas, which are formulated by certain local organs of state power according to the specific conditions and actual needs of their respective administrative areas. (5) Rules are normative documents of administrative laws, which can be divided into: first, departmental rules. The prescribed matters shall belong to the enforcement of laws or the administrative regulations, decisions and orders of the State Council; The other is local government regulations. Normative documents formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, cities where the people's governments of provinces and autonomous regions are located, large cities and the State Council in accordance with legal procedures. (6) The laws of the Special Administrative Region enjoy a high degree of autonomy according to law. Except for foreign affairs and national defense affairs, which are managed by the Central People's Government, the Special Administrative Region enjoys executive power, legislative power, independent judicial power and final adjudication power. The existing laws remain basically unchanged, and the current social and economic systems and lifestyles remain unchanged. (7) International treaties and international conventions International treaties refer to bilateral and multilateral agreements concluded with foreign countries with international law as the main body and other documents with the nature of treaties and agreements. International practice refers to the rules of international law embodied or confirmed by the precedents of various international adjudication institutions such as the International Court of Justice, and the unwritten habits formed in international communication. International practice is a supplement to international treaties. Policy is also one of the sources of contemporary China law. Policy is the activity criterion stipulated by the state or political party to complete the tasks in a certain period. In addition, in law, it is generally believed that custom should be regarded as an informal source of China law. In contemporary China, case law system is not adopted, which is not binding and is not one of the formal sources of law. However, China should attach importance to the role of precedent.
6. Elements of legal relationship
The elements of legal relationship mainly include: (1) the subject of legal relationship: natural person (citizen, foreigner, stateless person) or legal person (an organization with legal personality can independently enjoy rights or assume obligations in its own name) (the subject of legal relationship is qualified to participate in legal relationship, which is called capacity for rights or responsibility); (2) The object of legal relationship: the object that the rights and obligations of the subject of legal relationship refer to together. There are both differences and connections with the object of right, which is a legal form of certain interests. The main categories of objects: things, behaviors, intellectual achievements and personal interests; (3) The content, rights and obligations of legal relationship are the unique mechanism of legal adjustment, the most obvious sign that legal behavior is different from moral behavior, and the core of law and legal relationship.
Law homework 4
Learning experience (no similarity, no less than 400 words)
The answer of learning experience can be the methods and skills of studying jurisprudence, thinking about a certain problem or new understanding of jurisprudence courses. Special emphasis on personal views, not less than 400 words. In fact, you only need to do two things, one is your own point of view, which is different from others; The second is to ensure that the number of words is more than 400.
Please do it yourself. The following is just an example for reference only.
By taking part in the jurisprudence study of law major in open education of China Central Radio and TV University, I began to get in touch with systematic legal knowledge, and learned a lot of basic legal knowledge, which laid the foundation for a systematic and in-depth study of law courses in the future. Here I will focus on my understanding of the relationship between socialist democracy and social legal system.
Democracy and the rule of law are simple and abstract concepts, and we are almost familiar with them. Newspapers, magazines, radio and television networks are everywhere. Over the years, many people have struggled for democracy and the rule of law. However, in life, many people are biased against this, either thinking that they can do whatever they want, almost lawless, or that they are dictatorial and people have no freedom and rights. These two phenomena separate the relationship between democracy and the rule of law. Through the study of jurisprudence, I understand that democracy and legal system are dialectical unity. On the one hand, democracy is the foundation of the legal system. Because socialist democracy is the premise of socialist legal system. Only when socialist democracy is realized and the working class and all the people are in power can we talk about formulating a legal system that reflects our will. In the modern sense, the central link of the legal system is to act according to law, everyone is equal before the law, and the privilege beyond the law is opposed. This kind of legal system only exists in a democratic regime, and it must not exist in an authoritarian regime. Socialist democracy is a principle of socialist legal system. The democratic principle of the legal system refers to all aspects of the legal system, such as legislation, law enforcement, law-abiding and legal supervision. All practice democracy. Adhering to the principle of legal democracy is determined by the nature of socialist legal system. Socialist democracy is the source of strength of socialist legal system. Give full play to democracy and let the people play a role in legislation, law enforcement, judicature, law-abiding and legal supervision, and the construction of socialist legal system will be guaranteed. With the development of society, democracy is constantly improving, perfecting and developing. Accordingly, the legal system is bound to develop, improve and perfect. On the other hand, the socialist legal system is the guarantee of socialist democracy. The socialist legal system confirms socialist democracy. The existence, realization and development of democracy need the confirmation and affirmation of the legal system. The socialist legal system stipulates the scope of socialist democracy. The socialist legal system stipulates how to realize socialist democracy. On the one hand, the legal system stipulates the procedures and methods to realize democracy and provides effective measures for the people to exercise their democratic rights. At the same time, it also stipulates restrictions on the exercise of democratic rights to ensure that people can correctly exercise their democratic rights. There are still illegal and criminal acts endangering democracy in socialist society, which requires methods to punish these acts and ensure democracy. At the same time, the legal system is also a weapon against bureaucracy, and through this struggle, socialist democracy is guaranteed. Of course, the socialist legal system is the track. On this basis, we should vigorously carry forward socialist democracy and improve the socialist legal system on the premise of socialist democracy. It can be seen that any separation between the two is wrong.