1, legal protection is more powerful than personal protection.
When the law is effective, the people will prosper.
It is easy to make laws, but difficult to implement them.
4. Criticize uncertainty in law, and extreme certainty is not conducive to certainty.
5, the interpretation of the law has legal effect.
6. The opinions of jurists have the power of habit.
7. When there is no ambiguity in the language, it is not allowed to explore the intention of the language.
8. Statutory laws should be strictly interpreted.
9. Habit is the best interpreter of law.
10, nullum crimen sine lege, nullum crimen sine lege. (There is no explicit stipulation that it is not a crime)
1 1. The illegal act is based on premeditation, impulse or accident.
12, the trial should not follow the precedent, but should follow the law.
13, there will be no punishment without laws published in advance.
14, simplicity is a friend of law, and extreme accuracy is criticized in law.
15, the police are public servants of the court. (The police must testify in court according to the court summons)
16, where the evidence is, the case will be lost.
17, justice that comes late is injustice.
18. Relief precedes power. Without relief, there is no power.
19. Law is the main force of reform and the main channel to solve contradictions.
20. If the expansion of administrative power is the inevitable fate of modern society, then in order to achieve social balance, on the one hand, politics must fully reflect the wishes of the people, on the other hand, the subjectivity of individuals should be respected to the maximum extent in the legal system, so that it can compete with the excessive expansion of administrative power.
2 1, the object of legal adjustment is behavior, and the so-called social relationship is just the communication or interaction between people. Without the interaction between people, there would be no social relations. Law regulates social relations by influencing people's behavior.
22. In a well-ordered country, the judiciary should be trusted and supported by the people. In this sense, the loss of credibility means the loss of judicial power.
23. Justice, in essence, is equality; The more unequal the conditions, the more difficult it is to see what justice there is in equal punishment.
24. People are different, and people can't understand that equality before the law means equal treatment and equality.
25. The equality we are entitled to as human beings is environmental equality, not individual equality.
26. Anything that conflicts with the irrefutable eternity of nature is invalid, so it cannot bind anything.
27. The power of law is limited to prohibiting everyone from harming the rights of others, but not from exercising their own rights.
28. If judicial power is combined with political power, judges will have the power of oppressors.
29. People generally understand that legal acts are abstractions of all factual elements in a specific legal order, mainly non-illegal acts, including illegal transactions, and such acts also have legal consequences. This kind of behavior that leads to certain legal consequences according to the law is a legal act.
30. The severity of punishment should be absolutely necessary, only to achieve its goal. All punishments beyond this range are not only excessively evil, but also create many setbacks that hinder the realization of just goals.
3 1, there will be no punishment if there is no law published in advance.
What is not prohibited by law is the rights of citizens.
33. The life of law lies in experience, not in logic.
34. Customary law is not only less flexible than law, but also easier to adapt to the new situation without law. On the contrary, it tends to stick to the old ways and is difficult to change.
35. The most powerful constraint on crime is not the severity of punishment, but the certainty of punishment, because even the smallest crime, once identified, will always be terrible.
36. Punishment cannot be abolished in a prosperous time, but it is not yet prosperous.
37. An unfair referee is worse than many unfair behaviors. Because these unjust acts only pollute the water flow, while the unjust judge pollutes the water source.
38. Our age is the age of rights.
39. Human rights are the concept of our times and the only universally accepted political and moral concept.
Even if the judgment does not accurately determine the truth of the past, the parties to the dispute will voluntarily accept the court's judgment as long as they are convinced that they have been treated fairly.
4 1, the law is a dead letter if the court does not explain and define its true meaning and actual operation.
42. I found that the origin, cause and development of chaos and all fires are related to the corrupt legal systems in various societies.
43. Good order is the foundation of everything.
Let's be fair, and then we will get more freedom.
45. The purpose of law is to create a stable and understandable action structure, in which individuals can carry out their plans and are somewhat aware of the possible results.
46. The law originates from the instinct of self-defense.
47. Procedure is the watershed between the rule of law and arbitrariness.
48. Justice can promote a nation.
49. Law is the art of justice and kindness.
50. Discuss things with ruthless eyes and look at people with compassionate eyes.
5 1, the best rule comes from habit.
52. An unfair contract is better than a long lawsuit.
53. The power of law is limited to prohibiting everyone from harming the rights of others, but it does not prohibit him from exercising his own rights.
54, the law uses punishment, prevention, specific relief and alternative relief to protect various interests, in addition, human wisdom has not found other more possibilities in judicial action.
55. No matter what era, if there are too many differences of opinion in the court and in the classroom, then the law will lose its power.
56. It is auspicious to legislate by conferring titles on the people, but ominous to rule by law.
57. The official does not kiss, the law does not leave the feelings, and there is no distinction between the upper and lower levels.
58. If the same group of people have the right to make and implement laws at the same time, it will give people a great temptation to seize power at every turn, thus avoiding obeying the laws they have made, which are suitable for their own private interests when making and implementing laws.
Where justice is neglected, where equality, as the core of justice, is constantly denied by statute law, the law there is not just "unjust law", but completely loses the essence of law.
60. Law contains the story of how many centuries a nation has experienced, so it can't be studied as a theorem or formula in math textbooks. In order to know what law is, we must understand its past and future trends.
6 1, systematic compilation can be the product of conscious and general reorientation of legal life, such as the result of political innovation of the Ministry of Foreign Affairs, or the result of compromise between classes and groups wishing to achieve social unity within political entities.
62. The life of law lies in its implementation. Therefore, how to make a large number of legislative and judicial interpretations effective urgently requires serious scientific research.
63. A free man is named after the word freedom. Freedom is a natural force, and everyone can do whatever he wants unless it is hindered by material forces or laws.
64. For the law, it will make it easy to understand.
65. In the past, to suppress civil rights, people's wisdom was the first meaning; If we want civil rights today, we must take the wisdom of the people as the first meaning.
66. Generally speaking, the law governing all people on earth is human reason; The political and civil laws and regulations of each country should only apply this human reason to individual situations.
67. Giving up a person's freedom means giving up a person's qualification to be a man, giving up a person's rights and even giving up a person's obligations. It is impossible for a person to make up for everything he gave up. Such an abandonment of human nature is out of place, so that people's will loses all freedom, which means that people's behavior loses all moral values.
68. The political freedom of citizens is a mentality that makes everyone feel safe. In order to enjoy this freedom, there must be a government that no one needs to be afraid of.
69. The purpose of legal research is to predict the influence of public power through the instrumental activities of the court.
70. In enterprise legislation, the concepts of ownership and industry such as the whole people or the collective, industry or agriculture are of little use.
7 1, the legal system is not the product of jurists, but the product of people's social life. All legal workers-judges, prosecutors, lawyers, legislators and law enforcers-play a role in this process, but judicial activities are mainly not a theoretical argumentation process, but a professional judgment. In this sense, I want to say that a nation's society has created a legal system, while jurists have only created theories about the legal system.
72. Law is both material and ideological in nature, which is related to the fact that law not only develops from top to bottom from the structure and habits of the whole society, but also moves from top to bottom from the policies and values of the ruling class in society.
73. All explanations, if possible, must be realized by eliminating contradictions in the text.
74. Customs and conventions can invalidate laws.
75. Ignorance of facts can be used as an excuse, but ignorance of the law cannot be used as an excuse.
76. No one is obliged to prove his guilt.
77. The law will not force a person to do what he cannot do.
78. The law can only help the vigilant, but not the lazy. (used to explain why there is a "prescription" system)
79. We are powerless to resist the truth.
80. The purpose of this law is to prevent powerful people from doing whatever they want.
8 1. If the statement is not ambiguous, you can't make an explanation that goes against the obvious meaning of the statement. Basic Principles of Legal Interpretation and Contract Interpretation
82. Once there is an ambiguous expression in the contract, try to make an explanation that will help ensure the safety of the subject matter.
83. A person with rights can give up his rights.
Silence will be understood as consent.
85, the court can't take the initiative to find a case. (It happens to be a criticism of "judicial activism")
86. The fact that it is inadmissible in judicial proceedings means that it does not exist.
87. When the reasons on which a law is based no longer exist, the law will disappear with it.
If you want to use your own property, try not to harm the interests of others.
89. Legal marriage is based on mutual consent, not the fact of cohabitation.
90. There is no jurisdiction between equals. Extension: A sovereign state may not exercise jurisdiction over another sovereign state.
9 1. Let the judge answer the legal questions and leave the factual questions to the jurors.
92. Stick to your choice and don't break the peace.
93. The right of individual action disappears with the death of the obligee.
94. The burden on the land will always follow the land. (The landowner must bear the risks and burdens attached to the land)
95, the destruction of evidence should bear the presumption against him.
96. Ambiguous answers should be interpreted in a direction that is not conducive to the respondent.
97. A person can't be convicted only by his actions, unless he has the intention to commit a crime.
98. It is unfair to be a judge in cases involving personal interests.
99. Judgment can turn white into black and black into white; Bend straight, bend straight.
100, people cannot transfer things that do not belong to them.