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What is the essence and function of socialist law?
I. Essence

1. Judging from the will embodied in the law, China's socialist law is the embodiment of the will of the broad masses of the people under the leadership of the working class. China's socialist law has both distinct class nature and extensive people nature, which embodies the unity of class nature and people nature.

2. From the essence of law, China's socialist law is a reflection of the laws of social and historical development and nature, with distinctive scientific and advanced nature.

3. From the social function of law, China's socialist law is the legal guarantee for the smooth development of Socialism with Chinese characteristics's cause and the construction of a harmonious socialist society.

4, the scientific and advanced nature of China's socialist law is mainly reflected in three aspects:

Our socialist law adheres to the world outlook and methodology of dialectical materialism and historical materialism. Dialectical materialism and historical materialism guide people to discover objective laws and respect and reflect these laws in legal practice.

② Our socialist laws are good at drawing lessons from the successful experience of our traditional laws and foreign laws. The successful experience of predecessors and others is actually a reflection of objective laws, so the absorption of these successful experiences is the absorption of regular knowledge.

(3) The legislative system, legislative procedure and legislative technology of China's socialist laws are constantly reformed and innovated to adapt to the development of the times and improve the quality and level of legislation.

Second, the role

Socialist law, like other laws, also plays an important role in guiding, predicting, evaluating, educating and implementing. ?

1, guiding role

The guiding role of law is to guide people to choose legal behavior and restrain illegal behavior, which is mainly achieved through authorized norms, prohibitive norms and mandatory norms. Authoritative norms guide what people can do or have the right to do; Prohibitive norms guide people what not to do; Mandatory norms guide what people should or must do.

2. Prediction function

By making a positive or negative judgment on a certain behavior, the law enables people to foresee the nature and consequences of their own behavior, so as to consciously implement legal behaviors and prevent and reduce illegal and criminal behaviors. ?

3. Evaluation function

Acts committed by natural persons, legal persons and other social organizations can be evaluated legally and illegally, fairly and improperly. The evaluation function of law can show the society what the law advocates, condemns, encourages and prohibits, thus affecting the behavior of legal subjects.

4. The role of education

There are three main ways to realize the function of legal education: first, through the publicity and education of the rule of law, guide people to respect and abide by the law and establish a belief in socialist law; The second is to warn criminals and general members of society by punishing all kinds of illegal and criminal acts; Third, by commending advanced figures in the construction of the rule of law, we should carry forward the spirit of the rule of law and create an environment of the rule of law. ?

5, mandatory role

Laws can be implemented with the support of state coercion.

Extended data:

Under the framework of a socialist country ruled by law, the institutionalization and legalization of socialist democracy is based on the principle of exercising state power and conducting state management in strict accordance with the law. Including legislation, law enforcement and law-abiding. The basic requirements for perfecting the socialist rule of law are:

(1) Under the leadership of the * * * Production Party, we will constantly improve socialist laws, ensure that there are laws to follow, and consolidate and develop social relations and social order that are beneficial to the proletariat and the masses.

(2) Adhering to the principle of legal unity, the Constitution promulgated by the highest organ of state power has the highest legal effect, and all laws, administrative regulations and local regulations shall not contravene the Constitution.

(3) Establish the principle of exercising state power according to law. All state organs and their staff must exercise their functions and powers in accordance with the scope of functions and powers stipulated by the Constitution, laws or relevant regulations.

(4) Adhere to the principle that all citizens are equal before the law. All state functionaries and citizens must strictly abide by the law, and no one can enjoy the privilege of not being bound by the law.

(five) to supervise the implementation of laws, administrative regulations and local regulations. This kind of supervision comes from the party, mass organizations, the broad masses of the people, specialized agencies and public opinion.

Baidu Encyclopedia-Socialist Rule of Law