Practice is an important place for refining and testing "jurisprudence"
May 13, 2020 08:55 Source: "China Social Sciences", May 13, 2020, No. 1924 Author: Fangle

Along with the increasingly deepening discussion of the law of "jurisprudence" in the legal community,People are gradually clearly recognized,Pioneering the "Legal" production field,Refine the rigorous and broad meaning of "jurisprudence",Construction of "Judging" knowledge system,Show the "Legal" explanation of Chinese society,is currently an important academic task。

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For a long time,Whether it is a legal science as an independent discipline,Still as the overall law,Also with China's own life practice and discourse system, there is a certain "sense of distance"。When people build China's own jurisdiction or law,Both are gradually clearly noticed that a law of western discourse expresses the sense of weakness of Chinese reality,The discomfort of the system West France moves eastward,Even some scholars have appeared,Chinese Law "when learning and drawing on Western law theory,Not only lacks the knowledge of how to treat Western law,It also lacks the theoretical position of construction of Chinese law and science,Then it fundamentally shows the lack of autonomy and subjectivity of Chinese jurisprudence "。This actually reflects,Whether it is Chinese legal research,Still the entire Chinese legal research,lacks a kind of problem consciousness derived from China,There is the bet365 best casino games subjectivity of ignoring the Chinese field、Reality of knowledge production from the real environment of China。This is a form of legal knowledge that seems to be "present" but "not present"。

This kind of academic production out of practice,More plays a role of "knowledge porter"。In essence,This actually uses a theory from the West to cut or even imagine China's social practice。This not only makes Chinese legal knowledge production unable to effectively respond to the rule of law in the real society,It also makes Chinese legal research unable to effectively guide Chinese legal practice and greatly discount in the academic sense of knowledge,Even presenting the situation of "Chinese Law Lost China"。The worse thing is,This angle of perspective often obscure problems and the theoretical breakthrough of the problem solving,Misled us,Make us solved by the problem and problem solving of the theory,It is likely to be illusory、Error。Law research in this situation,Not only does it lack sufficient explanation of real problems,Nothing, contribute to providing the wisdom in the rise of China's rise。

 Practice is a rich mine that bred "jurisprudence"

We need to discover "Legal" from Chinese social practice、Refine "Legal"、Construction "Legal"、Use "Legal"。"Legal" knowledge production,Not only from Chinese practice,Also return to Chinese practice。

First,The essence of the law is the rationality from "the practice of dispute resolution,It reflects the practical experience and wisdom of human beings to stop struggle,Legal rules and bet365 best casino games legal activities are actually based on practical information.。This means,Not only the law comes from people's social practice,And legal rules are also a kind of wisdom crystal from practice。Therefore,Li Gen's social practice in China,Understand rich knowledge information in Chinese social practice,On the basis of this, the laws that meet Chinese needs,Constructing the law that reflects the meaning of China,It is undoubtedly the only way to the production of Chinese legal knowledge。

Next,The essence of the rule of law is also a concrete、Regional social practice。During the process of implementing the rule of law in the world,All will be subject to their respective political system、Economic conditions、Historical tradition、The influence of factors such as geographical environment,As a result,Each feature。The construction of the rule of law in China is also the same。We must fully recognize the functional expectations of China's political system for the rule of law,It is necessary to adhere to the party's leadership throughout the entire process of the construction of the rule of law in China; we must understand the complexity of the current Chinese society,Fully explains its influence on the construction of the rule of law in China; we must appreciate the richness of Chinese social life and the diversity of people's life needs,Realize the Chinese people’s survival philosophy and wisdom of life,and interpret the legal needs of the Chinese based on this。In short,Only focus on the practice process,We can avoid the misleading of the wrong construction Bet365 app download of the wrong concept,Especially the misleading of the wrong construction of ideologicalization。Similarly,It only focuses on practice,Only to ensure that we grasp the legal pulse of Chinese society,Only by this can refine the "jurisprudence" that meets the needs of Chinese society。

Last,The essential characteristics of legal theory are also practical。Legal knowledge and theory produced through our life practice,Only it is really China,When we meet our daily needs, we can also provide intelligent contributions to the world。Because,Only the first is the nation's,will it be the world。Practice is a rich mine that bred "jurisprudence",Whether it is the practice at the macro level or the practice in the micro sense,Whether it is the experience expression of those unknown "rules" in practice or the logic of the fine branches hidden in the practice,We only have to refine the theory from it,Only placed the theory of Fa in it to test,can we find the "Legal" that really belongs to China。We want to reject the theoretical "Bringingism",We must refuse the theory without differences as a judgment to use this simplified approach。Only through practice,Only the knowledge structure and knowledge factor of legal theory can be developed。

  "Legal" must be repeatedly tested in practice

In this era of great change,Not only "jurisprudence" is an open legal philosophy category,"Practice" is also an open social activity。Therefore, "jurisprudence" must come from practice,Also return to "Practice"。Only continuously pass through practice,"Legal" bet365 live casino games to obtain continuous vitality。Test "Legal" in practice,Contains the meaning of four levels。

First,Focusing on practice,Refine and inspecting jurisprudence,This is a bottom -up thinking method,It is also a position that is opposed to the problem that simply send out the theory of the teachings。Building Chinese jurisprudence,Based on China's rule of law practice,"China's jurisprudence constructs the principle of Chinese law,So it naturally cannot leave the legal practice and rule of law in contemporary China,Only the legal science rooted in the practice soil is full、Fresh "。

Second,Place legal in practice for test,It means to re -evaluate the interpretation of various legal knowledge and theory。"Special period in the national start -ups and hundreds of wastes,Under the condition that we are unable to construct our own experience system and theoretical system ",We can only use a way similar to "useism",Explanation and guidance of China。But today,For China, which is experiencing "rich and strong",When drawing and learning exotic theory,You must go through the test of Chinese practice,Must provide proper explanations to Chinese issues。In other words,We must understand the theory of the cargo context,Critical view of exotic theory,Instead of distinguishing the exotic theory, it can no longer be distinguished as a judgment of solving Chinese problems。Similarly,Theory derived from China,It must also be explained on the Chinese issue,You must go through the re -inspection of practice,bet365 Play online games can continuously get correction and development,The theory after the practice test has vitality。

third,Test the law in practice,It means the legitimacy of various legal norms and institutional mechanisms、Reasonable、Re -inspection。As a modern country as a composite rule of law,In the early stages of the construction of the rule of law,In order to speed up the basic construction of the legal system,We transplanted a large number of legal systems abroad,After the main consciousness of the construction of the rule of law is gradually awakening,We have created a lot of legal system with Chinese characteristics。The legal system transplanted often has symptoms of various "soil and water",There will also be arrival between between the legal system created?。So,It is necessary to place legal norms and institutional mechanisms in practice for inspection,It is necessary to modify it by inspection、Perfect the existing laws。

Fourth,Test the law in practice,Just to establish a critical thinking,It is necessary to cultivate reflection consciousness in legal education、Emphasize the spirit of critical、Encourage legal innovation。Law education is not only a venue with existing knowledge of knowledge,It is also a place for new knowledge production,It is a field for reconstruction of knowledge standards。Space of Law Education,Not only campus or classroom,It should also include all legal practice places。Objective to Law Education,Not only understands the "method on paper" from practice,It is also in practice to understand the "law in action"。

(The author is a professor Bet365 app download at the School of Law of Nanjing Normal University、Researcher of the Institute of Modernization, China)

Editor in charge: Cui Cen
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