The implementation of the "Civil Code" into the whole process of Bet365 app download administration in accordance with the law
March 03, 2021 09:19 Source: "China Social Sciences" March 3, 2021, Issue 2117, Issue 2117

November 16-17, 2020,The Central Committee of the Central Committee is held in Beijing for a comprehensive management of the country in Beijing,General Secretary Xi Jinping pointed out,To persist in the people,The fundamental purpose of advancing the rule of the country in accordance with the law is to protect people's rights and interests in accordance with the law,And emphasized that the construction of the rule of law government is the key task and subject project of comprehensively promoting the rule of law in accordance with the law,Be the first breakthrough。The party and the country have always attached importance to the protection of the people's rights and interests and the construction of the rule of law government。Central Committee of the Communist Party of China in 2015、The "Outline of the Implementation of the Construction of the Government of the rule of law (2015-2020)" issued by the State Council will "effectively protect the people's rights and interests" as one of the measurement standards implemented by the rule of law。"Administrative Procedural Law" (1989)、"Administrative Penalty Law" (1996)、"Administrative License Law" (2003)、The main content of the administrative legal system such as the Administrative Compulsory Law (2011) is to effectively protect people's rights through standardized power operation。Since the reform bet365 Play online games and opening up,The relationship between government power and the rights of civil subject has undergone profound changes。

May 28, 2020,Thirteen Sessions of the 13th National People's Congress voted for the "Civil Code"。The promulgation of the Civil Code coincides with the time,The system of civil subjects from the private law system specifies the "right list" of civil subjects,Actively echoing the requirements of the new era "people's rights and interests, effective protection",With distinctive Chinese characteristics、Practical features and the characteristics of the times。General Secretary Xi Jinping pointed out,Governments at all levels should take the effective implementation of the Civil Code as an important starting point to promote the construction of the rule of law,"Civil Code" as administrative decision、Administrative Management、Important ruler of administrative supervision,Do not violate laws and regulations to make damage to citizens at will、The decision of legal rights and other organizations or other organizations or increased its obligations。To regulate administrative license、Administrative Penalty、Administrative charges、Administrative collection、Administrative charges、Administrative Inspection、Administrative ruling and other activities,The ability and level of improving administration according to law。Disposal the behavior and personnel that violates the legitimate rights and interests of the masses in accordance with the law。General Secretary Xi Jinping's speech clearly requires the implementation of the "Civil Code" into the entire process of Bet365 app download administration in accordance with the law,Deeply revealed the relationship between the implementation of the "Civil Code" in the new era and administrative according to law。

First,"List of Rights" designated the legal boundary。On the basis of fully summing up the issues of civil legal practice,The Civil Code of the Civil Affairs has systematically stipulated the "rights list" including "personality rights", "identity rights", "property rights", "creditor rights" and "intellectual property rights",The rights system system is more mature and more set,Dedicated the border of private law for the government's "power list"。Article 3 of the Civil Code stipulates that the personal rights of the civil subject、property rights and other legitimate rights and interests are protected by law,No organization or individual must invade。Fa -proverb has a cloud: "Wind can enter,Rain can enter,The king cannot enter。"Society and market with civil rights as the core,belonging to "private domain",Therefore, it is also called private rights。Government with administrative power as the core,belonging to the "public administrative field",Administrative power is an important part of public power。Any private rights are not absolute,When private behavior is illegal、Market failure、Information asymmetry、Special situations such as serious negativeness occur when private behavior occurs.,Government public power can restrict and deprive private rights in accordance with the law。The government formulates rules involving citizenship and obligations,Need to abide by law reservations Bet365 lotto review and legal advantages。In short,Government must enforce enforcement in accordance with the law,The basic spirit of obeying "the law is not authorized is prohibited"。

Second,The realization of certain civil rights realization and guarantee relying on the performance of government responsibilities。For some traditional civil rights and interests,As long as the duty subject, including the government, does not actively implement infringement,Its rights can generally be realized,Such as citizen's personality right、Domineering product rights、Credit rights, etc.。But there are some special civil rights under modern risk and social conditions,Require government power to actively intervene,To achieve better protection。The so -called "Civil Law is a loving mother,Administrative Law is a loving father "。If in a house、There are huge risks in the practice of land and other property rights transactions,Not conducive to the special protection of product rights,Therefore,Legal regulations have obtained the government registered non -moving product rights owner,Obtained publicity、Volumes' property protection effectiveness。For stable marriage and family,Effective protection of the spouse rights,The law stipulates that the rights and interests of marriage parties registered by the government are protected by law。When a special situation such as disaster occurs,Requires the government to actively conduct administrative assistance and administrative payment,To ensure the realization of civil rights and interests of special groups in the special Bet365 lotto review period。Also like,Personal rights of citizens、When property rights are being violated or about to be infringed,,The public security organs have a timely protection of the police in accordance with the law after receiving the alarm。Evillation of other types of legitimate rights and interests,The law gives civil subjects to the right to complain to relevant government departments。In short,Government responsibilities involved in the protection of civil rights and interests,The basic principles that follow the "legal authorization must be"。

third,Some government actions need to abide by the basic principles of the Civil Code and related regulations。The rapid development of science and technology and the rapid changes in society leads to a large amount of tailoring of the government for legislation。Reasonable administrative requires the exercise of government tailoring to follow fair、Integrity、Public order and good customs、Green and other principles of the "Civil Code"。Another,With the change of government governance methods,Administrative agreement becomes an important way for government management。Government in the administrative agreement needs to abide by the administrative legal system,It also needs to abide by the provisions of the contract law in the Civil Code。The "major and obvious violations" stipulated in administrative law will cause the administrative agreement to invalidate,Similarly,The invalid situation of the "Civil Code" contract method will also lead to the invalidation of the administrative agreement。The government may assume both administrative Bet365 app download legal liability in the administrative agreement,It may also bear civil legal liability。Administrative Agreement Dispute Solving Procedures will involve administrative procedures,It will also involve negotiation、reconciliation and other civil procedures。

Fourth,Civil rights protection is the direct legislative purpose of the "Administrative Review Law", "Administrative Procedure Law" and "National Compensation Law"。Analysis of the basic legal principles of power from power,Civil rights protection should be the fundamental purpose of all legal systems,The so -called "people -oriented" and "people -centered"。But based on the logic of the public and private law system,The direct purpose of legislation is different。"Administrative Review Law", "Administrative Procedure Law" and "National Compensation Law" all belong to the nature of the relief method。The object of the relief is mainly the civil rights of the civil subject。The civil rights of the civil subject are the administrative reconsideration、Administrative Litigation、The main right to compensation for state compensation。Therefore,The "Administrative Reconsideration Law" stipulates that the principle of prohibiting adverse changes。The "Administrative Procedure Law" limits the scope of the case in the field of administrative behavior that may cause violations of civil rights,Limited the plaintiff's qualifications as a subject that has a favorable relationship with the administrative behavior of the prosecution。The National Compensation Law stipulates that government actions illegally infringe on the private rights of civil subjects should bet365 best casino games bear legal liability such as compensation。

 Bet365 app download

Editor in charge: Chen Jing
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games
Video

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anxian 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026