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2017,Professor Zhang Wenxian pointed out in the article "Legal: The Central Theme of Jurisdiction and the Comment of Law",Legal research should take "jurisprudence" as the central theme,Promote departmental law and jurisprudence shall pay attention to "jurisprudence" questions。Legal,The fundamental nature of the legal and legal phenomenon、The principle of universal;,is the laws and principles of things。Law and legal phenomenon,In the final analysis, it is a kind of "thing",So,Legal is a special matter。And,Law is a specification for adjusting social relations,Legal phenomenon is a phenomenon formed by legal adjustment of social relations,Social relationship is a kind of "thing",So,Refining and derivation of legal,Based on the matter of laws such as laws。
The rule of law was originally a social governance mode of Western countries,Gradually becoming global due to its effectiveness。In other words,The rule of law is not "growing" from Chinese society,but from learning from Western countries、Learn and transplant。Correspondingly,Theory used in Chinese law,Most of them come from the West,growth from the experience of western society and the rule of law,There is a certain distance with the practice of the society and the rule of law in China。These jurisprudence from the West,It may be generally effective,It may also be unique to the West。It is because of this,Those from Western Law,"Legal" that looks generally effective,It should be tested in the practice of Chinese rule Bet365 lotto review of law。Entering the reason,is an important way to test the law。At the same time,There will also be generally effective or unique jurisprudence in Chinese society。So,Entering the reason,It is also an important way to refine the legal。
Actually,As early as the 1990s,Su Li began to practice "Legend of Lectures",Not abstractly, the one that usually comes from the West,Instead, it is engaged in the legal issues of cutting into discussion。"The rule of law and its local resources" is a starting point,"The Confusion of Qiu Ju" means,The contemporary Chinese rule of law system with the theoretical basis of Western law is difficult to respond to Qiu Ju's appeal,It also damages the long -term mutual reciprocity relationship of local society,Cause tragedy ending。Cut in from the details of life,You can see many things,After the reason,Then lead to many legal issues。Entering the reason,It means starting from Chinese society,Respect the legal creation,This is the true Chinese jurisprudence。So far,We still do it at this point that it is still not enough,Many people still pay attention to those abstract and empty "theories",Talk about the law of the law under the observation of the West Law,Self -Philippines from China and Western Bida、Criticism of Chinese practice west of the Middle School of Ewi,Preset preconceived legal and value presets to comment on the practice of rule of law,This is difficult to refine valuable theoretical problems。
Learn from the law,What to appeal is common sense common sense,Telling life experience,It looks relatively simple,No deep esoteric、mysterious theory。Contrary to it,Those discourse and writing of those abstract bet365 best casino games lectures,It looks complicated、Deep,Among them, there are many obscure vocabulary and terms,Not only does most people understand,That is, experts in the industry are also very laborious to understand。This phenomenon is for the reason。Abstract Legal,In fact, it was also specific,The reason why people feel abstract,It is because it is not refined from the practice of the rule of law in China,but originated from the practice of Western rule of law。Generally speaking,There is a certain corresponding relationship between words and objects,Usually when people understand words,Taking the object behind the word as the experience basis。Entering the law to tell the law,The reason why it is easy to understand,Because when people see words,Can quickly associate words and things; if the two cannot be associated quickly,Those words become obscure and difficult to understand。and abstract jurisprudence is obscure and difficult to understand,It is because these laws are not growing from Chinese society,but from the abstraction of the practice of Western rule of law,Tell the objects referred to in these legal words and concepts,There is a certain distance from our life,Therefore, it is difficult to quickly restore into life experience。
In the above sense,,Learn from the Law,It is more rare than talking about abstract jurisprudence,Although the latter looks more obscure and "depth"。Talk about abstract jurisprudence,To some extent is "moving" work,Although there are some technical content in this job, "Moving" needs to be translated before,After handling, think about how to set。This kind of work is more similar to publicity,Although bet365 Play online games the propaganda also requires technology and skills,But after all, it is just publicity。Entering the law of the law,Analysis of the phenomenon of common common phenomena in daily life、statement of the reason for daily use,Need experience behind it,But more needed theoretical perspective,Especially the theory of modern social sciences,The existing legal theory does not provide much power resources。Obviously not the richer life experience,The more you can tell the truth and jurisprudence。Farmers are most familiar with rural life,But they can't write "Local China"; judges are most familiar with judicial practice,But they can't write "Send the Fa to the Countryside"。No theoretical perspective,Can't engage in justice at all。So,Learn from the Law,It seems to resort to daily life experience,Resort of common sense common sense,In fact, the theoretical perspective behind it requires。Daily experience only after theoretical reflection,can be presented in a way of reason,Then it is possible to raise corresponding legal issues。
Analysis of the theory behind the facts,It also needs social science knowledge and method。A relatively simple society can obtain experience through daily life,It is increasingly difficult to do so in a complex society,Social scientific knowledge and methods to become important。Modern society is a complex society,Social division of labor is developed and subtle,Most people are limited to their own work and life,I know very little about things other than my professional,Most of the knowledge outside the work comes from the media,And media information is often extremely simplified。So,Problems outside the Bet365 lotto review field of life and work,It is necessary to rely on social science knowledge and methods。Research Securities Lawyer Business Operation,It is difficult to solve by common sense,You must find a securities lawyer for investigation。Discussion of the regulation of online car rental,Judgment based on intuition is likely to make mistakes,Need to rely on big data and scientific analysis of online big data。These all need social science knowledge and method,The more complicated the society, the more this is the same。To refine meaningful legal issues,It must be figured out;,Need to have the correct social science analysis。
Analysis of social scientific methods,Entering the legal analysis,This is a reliable path。As a post -discovery country,There is a huge tension between China's legal system and social reality。So,The law will encounter various problems in the process of practice,Understanding these problems,Refine the real legal issues behind,Test the legal from the West,It is very necessary。Many problems can still be triggered from daily life,Based on normal、Common sense、Study on common sense。and those areas that are relatively far away from daily life,More need to use social science theory and method。For example,The issue of media supervision of the rule of law needs to conduct professional analysis of the media and the audience,It is also necessary to analyze the organizational structure inside the media with organizational knowledge。
Research on Starting Starting,It should be legal。Current,There are many different or even divided understanding and expectations of the Chinese rule of law in the academic world and bet365 Play online games even the society,Where should China rule the rule of law,The intellectual resources provided by jurisprudence are actually not enough。The current legal knowledge system,It is mainly based on the theoretical summary based on Western rule of law experience,It is often considered general。This theoretical system,Can describe China's situation in some aspects,But in many ways, you cannot accurately describe China's condition。For example, law enforcement,According to the authoritative textbook,Law enforcement is authoritative、Activity and unilaterality。But,The actual state is often completed on the basis of negotiations for law enforcers and law enforcement objects。
The current legal knowledge system cannot describe reality,So,Refining legal theory that conforms to practice is very urgent。We should be engaged in starting,Face the practice of the rule of law in China,Fully understand the macro background of the rule of law in China、Resource conditions、Constraction structure、Social foundation, etc.,Understand the space brought by these aspects to the development of the rule of law、Constraction and limit; understand the practical process of the specific links of the rule of law in China、Mechanism、Consequences、Constitutional conditions, etc.,Understand the role of different factors in the specific link and what mechanism can play a role。These tasks must have sufficient experience foundation,It is also necessary to have appropriate refinement and sufficient theoretical degree,Instead of falling into the details of experience。So,Based on the in -depth research, we will summarize the "affairs",The specific bet365 Play online games link of the rule of law、Summary of the process,Revealing important structure、Factors and mechanisms,and conceptualization、Systemization、theoreticalization into "jurisprudence"。Such law will not be separated from the practice of the rule of law in China,It helps to understand and guide the practice of Chinese rule of law。
(The author is a professor at the School of Law of Zhongnan University of Economics and Law)
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