First, the guiding role.
Guiding role means that laws (mainly legal norms) guide and guide my behavior. Legal guidance is a normative guidance, which is different from individual guidance. Individual guidance is to guide specific people and situations through a specific instruction. Individual guidance is targeted and targeted, but if we rely entirely on individual guidance, there are some shortcomings: it will bring time, energy and economic waste; Does not meet the needs of systematic social management; There are too many contingent and individual factors, lacking unity; Lack of certainty and security can easily lead to psychological instability and so on. Although the normative guidance is abstract and not targeted, it can overcome the above shortcomings of individual adjustment. It has the advantages of continuity, stability and high efficiency, and is an indispensable condition and means to establish social order.
According to different standards, the types of legal guidance can be as follows:
1, deterministic guidance and selective guidance. This is classified according to the behavior patterns in legal norms.
2. Bounded guidance and unconstrained guidance. This is classified according to the scope of authority of state power behavior.
3. Principles and specific guidelines. This is classified according to the constituent elements of the law.
Second, the role of evaluation
Evaluation function refers to the function of law as people's evaluation standard for others' behavior. Its object of action is the behavior of others. Legal evaluation is different from general social evaluation such as moral evaluation and political evaluation. This mainly depends on the different evaluation criteria and evaluation priorities. Legal evaluation is the standard to judge the standardization, unity, universality, compulsion and comprehensiveness of people's behavior. Compared with the other two, the legal evaluation standard is the minimum requirement of the country, while the other two evaluation standards are often much higher than the legal requirements.
The evaluation of law can be divided into two categories, namely, special evaluation and general evaluation. The former refers to the evaluation made by state organs, organizations and their members specially authorized by law on the behavior of others, such as judgments or decisions made by courts and their judges, arbitration institutions and their arbitrators, administrative organs and their administrative personnel on human behavior. Its characteristic is that it represents the country, has national coercive power and produces legal binding force, so it is also called effectiveness evaluation. The latter refers to the evaluation of others' behavior by ordinary subjects in the form of public opinion, which is characterized by the fact that there is no national coercion and binding force, and it is people's spontaneous behavior, so it is also called public opinion evaluation.
Third, the predictive function.
Predictive function means that people can predict in advance how people will behave and the consequences of their behavior according to the law, and make reasonable arrangements for their own behavior.
The reason why law has the function of prediction is that it has the characteristics of standardization and certainty. Legal norms tell people how to behave through three behavior patterns. In fact, each behavior pattern can be decomposed into corresponding rights and obligations. Therefore, according to a legal norm, people can predict their mutual behavior, and the content of the law is clear and continuous in a certain period of time, which provides a possible premise for people to predict their behavior.