Legal effect refers to the binding force owned or endowed by law. Normative legal documents and non-normative legal documents have certain binding force, which requires people to act in the way stipulated in the legal documents. Legal effect sometimes refers to the legal effect of an act or fact, that is, it can achieve positive legal consequences. For example, a legally established contract has legal effect and can be protected by law. Obviously, the validity of normative legal documents and legal acts and facts is endowed by normative legal documents. As long as it is a normative legal document formulated by state organs according to legal authority and procedures, it certainly has certain effect.
Basic overview
1, legal effect,
2, the scope of the law. Including:
(1) Prescription refers to the time when the law takes effect and the time when it ends;
(2) Space effectiveness refers to the area where the law takes effect (including territorial sea and airspace). General national laws are applicable to the whole country, and local regulations are only effective in this region;
(3) The influence on people refers to whom the law takes effect. If some laws apply to all citizens, some laws only apply to some citizens.
Generally speaking, legal effect can be divided into normative legal documents and non-normative legal documents. The validity of normative legal documents, also known as legal validity in a narrow sense, refers to the validity or scope of application of the law, that is, who, what, where and when the law is binding. The legal effect mentioned in this chapter is a narrow legal effect. The validity of non-normative legal documents refers to the legal validity of judgments, rulings, arrest warrants and licenses.
4. The effect of law on human beings has adopted four principles of effect on human beings in the legal practice of countries all over the world:
(1) Humanism, that is, the law only applies to its own citizens, whether they are at home or abroad; Non-citizens do not apply even within their own territory.
(2) Territorialism, the law applies to all people within the national jurisdiction, whether citizens or not, and they are bound and protected by the law; Citizens who are not in their own country are not bound and protected by their own laws.
(3) Protectionism, that is, to safeguard national interests as the basis for the application of domestic laws; Anyone who infringes on the interests of his country, regardless of his nationality and location, will be investigated by the laws of that country.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 145
A civil juristic act that restricts a person's capacity for civil conduct to obtain pure benefits or a civil juristic act that is appropriate to his age, intelligence and mental health is valid; Other civil juristic acts shall take effect with the consent or ratification of the legal representative.
The other party may urge the legal representative to ratify it within 30 days from the date of receiving the notice. If the legal representative fails to express it, it shall be deemed as refusal to ratify it. Before a civil juristic act is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice.