Multi -maintenance of condensing the law
May 13, 2020 08:55 Source: "China Social Sciences", May 13, 2020, No. 1924 Author: Hou Xuebin

In recent years,The legal community has launched a fierce debate around the "death and future of Chinese Law and Confucianism",Then it gives birth to major theoretical problems about the objects and core themes of jurisprudence。Professor Zhang Wenxian puts forward in the article "Legal: Common Follow of the Centers of Jurisha and the Common Follow of Law",Legal science should be the study of "jurisprudence","Legal" should become the research object and center theme of jurisprudence,Promoting Law, Scholars and Department of Law Scholars to pay attention to and study "Legal"。The concept of "jurisprudence" has a vital impact and significance of the study of legal science and departmental law。On the one hand,"Judge" of the object of legal research and central issues,It will make the basic category system of Chinese Law and Confucianism further transform and upgrade,and then re -examine the research content of Chinese Law and Confucianism、Knowledge System、Theoretical system and discourse system。On the other hand,"Legal" of Law Studies,It will optimize the research objects and scope of departmental law,New breakthroughs in the scope of legal research in the department,Then expand and enrich the "legal" system。

The proposal of the concept of jurisprudence has attracted many scholars to conduct in -depth and meticulous research,It has also achieved fruitful results。But there are not many research on how to refine or condense the legal,The reason is that "legal" as a newly proposed concept,The primary task facing is to prove and analyze the nature and connotation of the concept of "jurisprudence",And how to condense the law also needs to be based on a clear understanding Bet365 app download and definition of the concept of "jurisprudence"。The concept of "jurisprudence" can be based on ontology、Value Theory and Method Theory Meeting to analyze and define,The concept of "jurisprudence" as a research object is more of a "jurisprudence" in the sense of ontology。Professor Zhang Weixian's proposed,"Legal" as words and concepts,It is "the constant change behind the legal or legal system、Beyond time and space、things that have universal significance,The regularity of the law、essential factors,The inherent mechanism and law of the objective thing of the law ",So "reflects the regularity of people's law、Ultimate、Universal inquiry and cognition "。Therefore, in the sense of the body,The core of the concept of "jurisprudence" is that people treat the law、The regular understanding of fundamental problems in the rule of law and law,The theoretical system composed of a series of judgments and propositions。

The dimension of refining or condensing the "jurisprudence" and the nature of the "jurisprudence" and the characteristics of the presentation are inseparable。The concept of "jurisprudence" as the object of legal research and core theme,It is broad、Practical、The characteristics of regularity and systemicity。"Legal" has existence in the form of existence。This extensive indicates the richness of the content of "jurisprudence",presents a form of "jurisprudence",For example, Professor Fengye will divide the carrier of "jurisprudence" as related words about jurisprudence、Concept、Proverb、grid words、Story、Discussion、Jurislation、Case、Story、Law and other typical forms。"Legal" has the practicality in the orientation。This practice indicates that the content of "jurisprudence" comes from practice,Concrete in practice,Use in practice,bet365 Play online games Develop in practice。So,Professor Zhang Wenxian proposed that the legal science with the theme of "jurisprudence" will be guided by practical philosophy,Pay more attention to the practice of rule of law and legal life,Pay more attention to departmental law。"Legal" has the regularity of essential attributes。This regularity indicates that "jurisprudence" is the "law" or "reason" obtained by people's research law and actual practice.,Therefore, the process of condensing jurisprudence is to reveal the "laws" of law and practice through logical methods,An ideological activity of explaining the "truth" it contains。"Legal" has the systemicity of logical structure。This systemic indicates that the content of "jurisprudence" is not messy,Instead of logically layered,、strictness、Integration and integration,Avoid contradictions and conflicts between different "legal"。

Time dimension of condensing legal。Any law and practical practices are determined in the frame of "time" from beginning to end,Also generated in "time"、Existence、Run and Development,The process of condensing "legal" from it must not ignore the dimension of time。This time dimension presents different samples and requirements in the study of condensation.。On the one hand,Judging from the origin of "jurisprudence",my country's laws and practices are in a specific period of time solving in the common problem,Law and practice are facing the double impact from historical time and current time,This combination of inheritance、Legal practice of transplantation and development also contains rich and new "jurisprudence"。On the other hand,As a "jurisprudence" researcher, it also needs and has to condense the legal system with Chinese characteristics in the time dimension of history and the current meeting,Not only must bet365 live casino games inherit the knowledge system of "established" and "present",It also needs to be a legal practice for "present" and "future" and condenses the "jurisprudence" with knowledge increment。

Spatial dimension of condensing legal。The comprehensive shaping and profound impact of space on people and their lives,It also naturally expands to the rule of law and practice of a lifestyle as a human lifestyle,Make abstract "jurisprudence" inevitably hitting the marking of space。The space of law and practice not only affects the nature and content of "jurisprudence",It also affects the conditions of the existence of "jurisprudence",Therefore, the space dimension affects the condensation of "jurisprudence" in two aspects。On the one hand,Space in different countries or regions will evolve different laws and practices,It also contains different properties and types of "jurisprudence",Research on the scale of national governance incorporates space dimensions to get a different "jurisprudence" state of examples.。On the other hand,Inside the same country or region,Space factors also affect the existence and applicable conditions of "legal",It will even derive the new "jurisprudence",For example, cities and villages in our country、Central Plains and Frontier、East coast and northwest region, etc.,This also requires the condensation process of jurisprudence cannot ignore space and location factors,Otherwise, it will be refined to pseudo "Legal"。

Method Meeting of Condensing Law。The process of condensing the law is to put the objective attributes contained in history and reality and the internal connection and mechanism between these attributes,Through understanding、Understanding、summary、Refining and explaining methods presented in the form of "jurisprudence"Bet365 app download 。Although there are many ways to condense jurisprudence,But generally show two main methods。One is a method of interpretation,Emphasize "top -down" in the legal system,Interpretation of general jurisprudence and specific jurisprudence from basic law。This method focuses on derives specific legal jurisprudence from different laws and practices from different legal and practical basic laws,The abstract nature of basic law contains the possibility of multiple explanations,and also respond to the development of different and new laws and its practice。Another method of induction,Emphasize "refining from the bottom up" in the legal system,Pay attention to summarizing specific jurisprudence from legal practice,From gradually rising from specific and general jurisprudence to basic law。This method focuses on observation of emerging legal practice in practice、Understand and refine,Form new legal content,constantly update and improve the entire legal system。Between these two methods is not this or one or one another,Instead of the development according to the development of law and its practice,Cooperate with each other,Maintain the dynamic and openness of the legal system。

Cultural dimension of condensing legal。"Legal" is a unique Chinese native concept,This also means the regularity or universality of the concept of "jurisprudence" rooted in the cultural nature of law and practice,This cultural representation signs the differences and special forms of the content of "jurisprudence" and the form of expression.。On the one hand,The concept of "jurisprudence" itself carries the regular judgment and understanding of the Chinese people's regular and contemporary legal practice。So,During the process of condensing jurisprudence,We must recognize the particularity bet365 best casino games of contemporary Chinese legal practice,This specialty originated from the unique appearance of the socialist system in the collision impact of the traditional system/culture and the Western system/culture,It will also give birth to a legal culture and "legal" system with Chinese positions,It also constitutes the origin motivation of Chinese law and science to show its own contribution。On the other hand,Cultural dimension is not to make the process of condensed jurisprudence into self -talk,Instead, we need to realize the laws or things that each jurisprudence itself contains universality or commonality,Enhance the cross -cultural interpretation of "jurisprudence",Gradually form a universal legal legal legal,Forms a Chinese legal talk system with competitive and explanation。

Logic dimension of condensed jurisprudence。Professor Zhang Weixian's proposed,"Legal" is not only a concept with rich connotation elements and wide range of domains,and also consisting of jurisprudence at different levels,This has formed a complex and integrated "legal system"。The logic dimension of condensing jurisprudence is mainly reflected in two aspects: conceptual and systemic。On the one hand,The condensation of jurisprudence is from the law and practical practice,Discovery、summary、Summary、Based on the abstract and interpretation, the corresponding concept,and get logically complete views and theories through concepts。So,Pay attention to the reliability and strictness of the theoretical premise and the strictness of logical reasoning becomes an inevitable requirement。On the other hand,The process of condensing the law not only pays attention to a single jurisprudence,Pay more attention to the level and logic relationship between different legal。So,The entire "Legal" Bet365 app download system can be distinguished into basic legal、General legal and specific jurisprudence,can also be divided into axiom、Tongli and Sutra, etc.,Although the classification standards are different,But all need to integrate the "jurisprudence" at different levels at a higher level of thought and theoretical level,Forms a "jurisprudence" system。

(The author is a professor at Jilin University Law School)

Editor in charge: Cui Cen
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