현재 위치 - 인적 자원 플랫폼망 - 가정 서비스 - Is the effect of a law that conflicts with the Constitution valid or invalid?
Is the effect of a law that conflicts with the Constitution valid or invalid?

Invalid. The constitution is the basic law of the country and has the highest power. Law is the collective name for normative documents other than the constitution. Its power is only lower than the constitution, but all laws must be based on the constitution. It is the basis for formulating other laws. No other laws may conflict with the Constitution.

Legal Analysis

It can be said that the constitution is the mother law and the law is the sub-law. The Constitution is the fundamental law of the country and has the highest legal validity. All laws are enacted in accordance with the Constitution. Therefore, at the end of each law, the sentence "This law is formulated in accordance with the Constitution" must be written. It is the fundamental law of our country, the general charter for governing the country and ensuring national security, and is the key to maintaining national unity and ethnic unity. , economic development, social progress and long-term peace and stability. It is the legal guarantee for the Communist Party of China to govern and rejuvenate the country, and to unite and lead the people of all ethnic groups in the country to build socialism with Chinese characteristics. The Constitution is the legislative basis for other laws, and other laws are the basis of the Constitution. To be specific, any law must not conflict with the Constitution, otherwise it will be invalid. The Constitution is the general charter for the governance of the country. The Constitution is the highest code of conduct. The Constitution is the fundamental law of the country. The Constitution guarantees our country’s reform, opening up and socialist modernization. The Constitution promotes It has promoted the construction of socialist democracy in our country. The Constitution has promoted the construction of our socialist legal system. The Constitution has promoted the development of human rights and various social undertakings in our country. The Constitution is the fundamental law of the country. It usually stipulates the basic principles of a country's social system and national system, the basic principles of the organization and activities of state organs, the basic rights and obligations of citizens and other important contents. Some also stipulates the national flag, national anthem, national emblem and capital, as well as the ruling class deems important Other systems involve all aspects of national life. The Constitution has the highest legal force and is the basis for formulating other laws. All laws and regulations must not conflict with the Constitution.

Legal Basis

"Constitution of the People's Republic of China"

Article 138: The Supreme People's Procuratorate shall The Standing Committee of the People's Congress is responsible. Local People's Procuratorates at all levels are responsible to the state power organs that created them and to the People's Procuratorates at higher levels.

Article 137 The Supreme People’s Procuratorate is the highest procuratorial organ. The Supreme People's Procuratorate leads the work of local People's Procuratorates and specialized People's Procuratorates at all levels, and the People's Procuratorates at higher levels lead the work of lower-level People's Procuratorates.