Normative function of law

This should be the predictive function of law, the function of law and the function of law.

(a) the role of law, also known as the function of law, generally refers to the embodiment of the influence of law on individuals and society.

According to different actors, the normative functions of law can be divided into five functions: guidance, evaluation, education, prediction and coercion.

First, the guiding role.

1. Guidance on one's own behavior can be divided into two types: one is individual guidance (or individual adjustment), that is, guiding specific people and situations through a specific instruction; The other is normative guidance (or normative adjustment), that is, guiding similar people or situations through general rules. The object of guidance is everyone's own behavior. )

2. The legal norms of deterministic guidance and selective guidance can be divided into two types: authorization and obligation. These two norms respectively represent two guiding forms of normative guidance. Mandatory norms represent certain criteria, that is, the law clearly stipulates that people should do this (such as performing contracts) or not (such as there should be no fraud when performing contracts); And it is generally stipulated that if such regulations are violated, some negative legal consequences (such as non-recognition, revocation or sanctions by the state) will be borne. Authoritative norms represent a kind of selective guidance, that is, the law stipulates that people can behave like this; Moreover, it is generally stipulated that if people do this, it will bring some positive legal consequences (for example, the state recognizes its effectiveness and legitimacy and implements it)

Protection or reward, etc. ).

Deterministic guidance means that people must act according to the guidance of legal norms; Selective guidance means that people have a choice about the behavior guided by legal norms, and the law allows people to decide whether to do so.

Second, the evaluation function law, as a social norm, has the evaluation function of judging and measuring whether the behavior of others is legal or effective. The object of evaluation here refers to the behavior of others.

When evaluating the behavior of others, there must always be certain and objective evaluation criteria. Law is an important and universal evaluation standard, that is, judging whether an act is legal or not according to law. In addition, as an evaluation standard, law has more clear and specific characteristics than policies and ethics.

Third, the role of education as a social norm, the law also has a certain educational role. The object of this effect is the behavior of ordinary people. Some people are punished for breaking the law, which is of course instructive to ordinary people and even the sanctioned person himself. Conversely, people's legitimate behavior and its legal consequences are also exemplary to ordinary people's behavior.

Fourth, the predictive function of law, or the predictability of law, means that relying on law as a social norm, people can predict in advance how they will interact with each other. The object of prediction is people's mutual behavior, including the behavior of state organs.

Five, another normative function of compulsory action law is to sanction and punish illegal and criminal acts. The object of this norm is the behavior of criminals. The compulsory behavior of law lies not only in punishing illegal and criminal acts, but also in preventing illegal and criminal acts and enhancing the sense of security of members of society.

(2) The social function of law refers to the maintenance of social relations and social order of specific groups.

In a class-antagonistic society, the social function of law can generally be summarized as the following two aspects: maintaining class rule and executing social affairs.

I. Maintaining the Class Rule of the Ruling Class In a society where classes are antagonistic, the purpose of law is to maintain social relations and social order that are beneficial to the ruling class. Maintaining the class rule of the ruling class is the core of the legal social function.

Law also plays an important role in adjusting the relationship between the ruling class and its allies.

Second, the role of implementing social public goods refers to activities that are symmetrical with class rule. In a class-antagonistic society, the nature, function, scope and relevant laws of this social public thing are very different. Generally speaking, the laws implementing these activities are generally concentrated as follows:

1. Laws that guarantee the basic living conditions of human beings, such as natural resources law, health care law, environmental protection law, traffic and communication law, basic social order law, etc.;

2. Laws on productivity and science and technology;

3. Laws on technical specifications, that is, laws on the use of equipment and processes, the implementation of technical processes and the quality requirements for products, labor and services;

4. Laws on general cultural affairs.

The role of maintaining class rule is obviously different from the role of implementing social things. First of all, as the name implies, the object of the former law is class rule, while the latter is a matter other than class rule. These two laws regulate social relations, that is, the relationship between people, but the direct objects they protect are different. Secondly, of course, the laws that safeguard class rule are only beneficial to the ruled class, while depriving and oppressing the ruled class; At least objectively speaking, the enforcement of laws on social affairs is beneficial to the whole society, not just to the ruling class. Moreover, the laws implementing social public affairs are often similar and can be used for reference, even under different folding systems.

Three. There are two views on the nature of laws that implement social affairs: one holds that all laws have class nature, even those laws that objectively benefit the whole society and implement social affairs have class nature; The sociality and class nature of law are consistent. Sociality is class nature, and the class nature of law is also class nature. Another point of view is that, on the whole, law has a class nature, but as far as its constituent elements are concerned, some are strong, some are weak, and some seem to be difficult to separate it from class nature.

(3) The social function of law in the primary stage of socialism in contemporary China has four aspects:

1, safeguarding and promoting socialist economic construction and economic system reform

Leather;

2. Guarantee and promote the construction of socialist spiritual civilization;

3. Guarantee and promote socialist democratic construction and political system reform;

4. Guarantee and promote foreign exchanges. (from the perspective of political theory)

From the legal point of view, the social function of contemporary China law can be summarized as the following six aspects.

First, maintain order, promote construction, reform and opening up, and realize prosperity, democracy and civilization.

2. Distribute benefits according to certain values, and confirm and safeguard the rights and obligations of social members.

Three, to provide a legal basis for state organs and state functionaries to perform official duties (that is, to exercise power), and to restrict their abuse of power or failure to perform their duties.

Four. Prevent and resolve disputes between members of society and between them and state organs or between state organs.

Verb (abbreviation for verb) prevents and punishes illegal acts.

Provide systems and procedures for the operation and development of the law itself. 4. Correctly understand the role of socialist law. Over the past 20 years, China has gradually deepened its understanding of the importance of law. This is a summary of experience. We must correctly understand the role of law and pay attention to correcting its limitations. In short, it is wrong to think that the law is useless or dispensable, or that the law is omnipotent.