【2017年整理】Law.doc

Unit 1 Law Introduction When disputes occur or something else wrong happen, there are always methods people can adopt for resolution. In primitive human society, people depended on morality, customs and the authority of leader to regulate human relations and to maintain social orders①. No law of any kinds existed at that time. However, with the formation of class and nation, law began to take shape. At first, it was simple and cruel. Gradually, a variety of sophisticated laws had been enacted to settle the problems and disputes of all kinds in the changing society, such as constitutional law, civil law, criminal law, economic law, company law, etc. Logically, disputes of different nature are subject to different laws②. And the end and purpose of laws in civilized country are to bring justice back to individuals and order to societies. Definition Law, in its most comprehensive sense, signifies a rule of action, prescribed by a superior and obeyed by inferiors, and this term is applied indiscriminately to all kinds of action. The law of a society reflects the values of its people, which tell us what conduct is proper and should be permitted and what should be denied or punished. Characteristics of Law In addition to law, morality, religion and government policy also serve as useful devices to maintain the social order. And a law is distinguished from these devices for the following characteristics: General applicability. A law is applicable to all. That is, to the extent the lawmaker has territorial jurisdiction, all places within that jurisdiction must be governed the same. For example, The company law of the People’s Republic of China is adopted universally in the whole country, and The Basic Law of the Macao Special Administrative Region of the Peoples Republic of China applies in Macao; whereas, there is no unified and universally applied morality or religion. Normalization. A law is not applied only once and made for a particular thing. Instead, it can be a