【Core tip】Educate bet365 apuestas from principles,The reason why it is simple and easy to understand,Because when people see words,Be able to quickly associate words with objects;If the two cannot be quickly associated,Those words become obscure and difficult to understand。The reason why abstract bet365 apuestas are obscure and difficult to understand,It is because these bet365 apuestas did not grow naturally from Chinese society,It is derived from the abstraction of Western rule of law practice,Tell what the vocabulary and concepts of these bet365 apuestas refer to,A certain distance from our lives,So it is difficult to quickly restore it to life experience。
2017,Professor Zhang Wenxian pointed out in the article "Jurisprudence: The Central Theme of Jurisprudence and the Common Concerns of Jurisprudence",Jurisprudence research should take "jurisprudence" as the central theme,Advocate that departments of law and jurisprudence jointly pay attention to "jurisprudence" issues。bet365 apuestas,It is the fundamental nature of law and legal phenomena、Principle of Universality;Affairs,It is the laws and principles of things。Law and legal phenomena,In the final analysis, it is a "thing",Therefore,Legal principle is a special kind of thing。And,Law is the norm that regulates social relations,Legal phenomena are phenomena formed by law adjusting social relations,Social relations are a “thing”,Therefore,Refining and deriving bet365 apuestas,It is necessary to regulate such things based on laws。
The rule of law was originally a social governance model in Western countries,Gradually became world-wide because of its effectiveness。In other words,The rule of law does not “grow” naturally from Chinese society,It comes from learning from Western countries、Learn and transplant。Accordingly,Theories used in Chinese jurisprudence,Mostly from the West,Grown from the experience of Western society and rule of law,There is a certain distance from China’s society and legal practice。These bet365 apuestas from the West,Possibly universally effective,It may also be unique to the West。That’s why,Those from Western jurisprudence,"bet365 apuestas" that appear to be universally valid,Should be tested in China’s rule of law practice。Start from management,It is an important method to test bet365 apuestas。At the same time,There will also be universally valid or unique bet365 apuestas in Chinese society。Therefore,Start from management,It is also an important method to refine bet365 apuestas。
Actually,Back in the 1990s,Su Li began to practice "principal and bet365 apuestas",Do not talk abstractly about the set of bet365 apuestas that usually come from the West,But discuss legal issues from a rational perspective。"The Rule of Law and Its Local Resources" is a starting point,"Qiu Ju's confusion" shows,The contemporary Chinese legal system based on Western jurisprudence is difficult to respond to Qiu Ju’s appeal,It also damages the long-term mutually beneficial relationship in rural society,Causing a tragic ending。Start from the details of life,You can see many things,After the affair,This leads to many legal issues。Start from management,means starting from Chinese society,Respect the bet365 apuestas created by society,This is the true meaning of Chinese jurisprudence。Present,We are still not doing enough at this point,Many people still only pay attention to those abstract and empty "theories",Discussing the proper character of law under the perspective of Western jurisprudence,Arrogantly comparing oneself to China and the West、Criticizing Chinese practices based on the Western High School,Use preconceived bet365 apuestas and value assumptions to comment on rule of law practice cases,It is difficult to extract valuable theoretical issues。
Talking about principles and laws,Applying to common sense,It’s about life experience,Looks relatively simple,Nothing profound、Mysterious theory。The opposite,Those discussions and writings about abstract bet365 apuestas,It looks complicated、esoteric,There are many obscure words and terms in it,Not only ordinary people can’t understand it,Even experts in the industry find it difficult to understand。There are reasons for this phenomenon。Abstract bet365 apuestas,Actually, it was also specific,The reason why it feels abstract,Because it is not extracted from the practice of Chinese rule of law,It comes from Western legal practice。Generally speaking,There is a certain correspondence between words and objects,Usually when people understand words,Use the object behind the word as the basis of experience。Educate bet365 apuestas from principles,The reason why it is simple and easy to understand,Because when people see words,Be able to quickly associate words with objects;If the two cannot be quickly associated,Those words become obscure and difficult to understand。The reason why abstract bet365 apuestas are obscure and difficult to understand,It is because these bet365 apuestas did not grow naturally from Chinese society,It is derived from the abstraction of Western rule of law practice,Tell what the vocabulary and concepts of these bet365 apuestas refer to,A certain distance from our lives,Therefore it is difficult to quickly restore it to life experience。
In the above sense,Talk about law and principles,Much more difficult than talking about abstract bet365 apuestas,Although the latter seems more obscure and "deep"。Talk about abstract bet365 apuestas,To some extent, it is a "transportation" job,Although this kind of work also has some technical content, Translation is required before "transportation",After moving, you still have to think about how to handle it。This kind of work is more similar to propaganda,Although publicity also requires technology and skills,But it’s just propaganda after all。Let’s talk about law and principles,An analysis of what seems to be a common phenomenon in daily life、Statement of daily principles,Need experience behind the scenes,But more theoretical perspective is needed,Especially modern social science theory,Existing legal theories cannot provide much power resources。Obviously it is not that the richer the life experience is,The better you can tell the truth and bet365 apuestas。Farmers are most familiar with rural life,But they couldn’t write "Country China";Judges are most familiar with judicial practice,But they couldn't write "Sending Law to the Countryside"。No theoretical perspective,It is simply impossible to talk from principle to legal principle。So,Talk about law and principles,Looks like an appeal to daily life experience,Appeal to common sense,In fact, a theoretical perspective is needed behind the scenes。Everyday life experience can only be experienced after theoretical reflection,Can be presented in a logical way,Only then can corresponding legal issues be raised。
Analyze the theory behind the matter,Social science knowledge and methods are also needed。Relatively simple societies can gain experience through daily life,It is increasingly difficult to do this in a complex society,Social science knowledge and methods thus become crucial。Modern society is a complex society,Social division of labor is developed and subtle,Most people are limited to their own work and life,Know very little about things outside of their major,Most knowledge outside of work comes from the media,Media information is often extremely simplified。Therefore,Studying issues outside of life and work,You need to rely on the knowledge and methods of social sciences。Study on the operation of securities lawyer business,Difficult to solve with common sense,Must find a securities lawyer for investigation。Discuss the regulation of online ride-hailing,Judgments based on intuition are likely to be wrong,Need to rely on big data and scientific analysis of network big data。These all require social science knowledge and methods,The more complex the society, the more so。To refine meaningful bet365 apuestas issues,We must understand the truth;To make things clear,The need for correct social science analysis。
Using social science methods to analyze affairs,Develop legal analysis based on principles,This is a reliable path。As a late-developing modernizing country,There is a huge tension between China’s legal system and social reality。Therefore,Law will encounter various problems in the process of practice,Understand the rationale for these issues,The real legal issues behind the refining,Examination of bet365 apuestas from the West,It is very necessary。Many problems can still be triggered by daily life experiences,Based on common sense、Common sense、Common sense research。And those areas that are relatively far away from daily life,More need for social science theories and methods。For example,The issue of media supervision and rule of law requires professional analysis of the media and audiences,It is also necessary to use organizational knowledge to analyze the internal organizational structure of the media。
Research based on theory,We should move toward bet365 apuestas。Currently,There are many different and even divided understandings and expectations about China’s rule of law in academia and society,Where should China’s rule of law go?,The intellectual resources provided by jurisprudence are actually far from enough。Current legal knowledge system,Theoretical summary mainly based on the experience of Western rule of law,Often considered general。This theoretical system,The situation in China can be described in some aspects,But in many aspects it does not accurately describe the situation in China。For example, law enforcement,According to authoritative textbooks,Law enforcement is authoritative、Initiative and unilateral。However,The actual situation is often completed on the basis of negotiation between the law enforcement officer and the object of law enforcement。
The current legal knowledge system cannot describe reality,Therefore,It is very urgent to refine legal theories that are consistent with practice。We should start from the point of view,Facing China’s legal practice,Fully understand the macro-background of the development of China’s rule of law、Resource conditions、Constraint structure、Social foundation, etc.,Understanding the space these aspects bring to the development of the rule of law、Restrictions and Limitations;Understanding the practical process of each specific link of China’s rule of law、Mechanism、Consequences、Constraints, etc.,Understand the role of different factors in specific links and the mechanisms through which they work。These jobs require sufficient experience base,There must also be appropriate refinement and sufficient theorizing,Expression without getting bogged down in empirical details。Thus,Accurately summarize "matters" based on in-depth research,Specific aspects of the rule of law、Process summary,Important structure revealed、Factors and mechanisms,and conceptualize、Systematization、Theorized as "legal theory"。Such bet365 apuestas will not be separated from the practice of China’s rule of law,But it helps to understand and guide the practice of China’s rule of law。
(The author is a professor at the School of bet365 apuestas, Zhongnan University of Economics and bet365 apuestas)
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