Brief History of Chinese Law Research Methods
December 30, 2020 09:33 Source: "Journal of Social Sciences" December 30, 2020 Total 2080 Author: He Yongjun

Since the reform and opening up,The development of Chinese law has gone through three stages: First, the period of discipline recovery and reconstruction,Second, the growth period of professional legal academics,Third, the new century with multiple research methods。From naive to maturity in Chinese law,Study from a policy、In the process of the law of value learning to science,The research method has gone through unscientific to science、From a single to diversified change。

At the beginning of the recovery and reconstruction of Chinese law in the 1980s,It has not completely got rid of the influence and restraint of class struggle ideology,"Law is naive" (Dai Yiyu) is recognized by the academic community,And this naive is highlighting the humbleness of the research method。Note was the research method of the mainstream (even the only) at that time,Most of the law theory of law stays in the comments law (some people call it "conceptual law", "legalism" or "political and legal law"),The purpose of teaching and research is mainly to explain、Preaching the new laws that I just passed at the time。Take the Criminal Procedure Law as an example,Textbooks written by scholars at that time,Basically, it is just an annotation of the "Criminal Procedure Law" itself in 1979,Research objects of criminal litigation law、System、The nature of the criminal procedure law and the history of bet365 Play online games history will be briefly introduced.,Then follow the order of the Criminal Procedure Law,The content of its general rules and points is explained one by one,Related discussion of the academicity is basically in a blank state。

The reason why the comments at that time were seen as a kind of naive law,Because it has no theory,No depth,Only straight grammar and empty ideological dogma。This situation makes many people of insight feel worried,"Do not get rid of the comment law,There is no mature law "(Jiang Ping) became the consensus of most Chinese jurists at that time,So many of the ambitious Chinese law scholars began to try to get out of the barrier of commented law。Under such an academic ideological background,Comparison of law and value law in the Chinese law community in the 1990,Become the most popular research paradigm at that time。

Frequent of foreign language teaching,Increases of students studying abroad,A large number of foreign literature was translated,Make the 1990s study unprecedented prosperity。The system and practice of western rule of law developed countries have become China’s reference,Many people think that their today is our tomorrow。Freedom that has been received from the West、Democratic、Human rights and other words are widely popular,Make value law very popular in the study of Chinese law at that time,Scholars waving these big words,I started a violent criticism of China's legal system and judicial practice。This kind of theory to theory、Study from conceptual to concept,On the one hand,The role Bet365 app download of ideological enlightenment,Make many "advanced" laws and judicial concepts in the West have been popular among Chinese legal persons,rich and improved the knowledge and theoretical system of Chinese law; on the other hand,It also mobilized the revision of Chinese law and the reform of judicial reforms,Made in public opinion,Provided intellectual support。

Comparison law broaden the horizons of Chinese people,enriched the imagination when people constructing the system; value law played an important role in ideological inspiration,Let people accept some universal rule of law。The 2012 Criminal Procedure Law was revised to write "respect and guarantee human rights" into legal text,It is one of the major achievements achieved in legislation。But they are inadequate to improving the scientific nature of Chinese law,As Montesquien said: "Laws formulated for the people of a certain country,It should be very suitable for the people of the country; so if the law of a country can be suitable for another country,That's just a very coincidence ",Try to briefly move the concept and system of foreign "advanced" to China,destined to fail。Comparison law and value law is difficult to provide direct and effective constructive suggestions for China's judicial reform and legal amendments。Especially value law,Its so -called law papers are not much different from political articles,Scholars' speeches often class with politicians,Its point (especially about judicial reform) is radical、Conservative and Folding Division。Due to scientific and objective bet365 best casino games evidence,Many so -called academic claims lack sufficient and objective argument,So no one can persuade anyone on many issues,No consensus,It has brought many troubles and confusion to the amendments to Chinese law and the reform of judicial reforms。

For this situation,In the early 21st century,Chinese jurists have made breakout again,Under the guidance of questions such as "where Chinese law goes",Law research paradigm has a new breakthrough: First, "Social Science Law" (roughly includes theoretical sociology、Experience Sociology、Value Law、Law Economics, etc.) Rise,Second, the comments (interpretation of the law) appeared again in the name of the teachings of the law (although the comments、Dharma interpretation and doctrine law have certain differences between connotation,But most people now like to use them without differences)。In the new historical background,"Social Science Law" and the doctrine of Fa -doctrine have appeared benign competition、The gratifying situation of the handwriting goes hand in hand,This makes the research method of Chinese law increasingly diversified,Law gradually becomes a recognized mainstream social science。

Question Decisions Knowledge and Method。Different problems need to be solved with different discipline knowledge; different problems,Need to use different methods to study。Tools for interpretation and research issues,There is no distinction between high and low and low and low, and,And only whether it is appropriate and the question of the road。As long as appropriate、As long as the road,Can explain and solve problems,bet365 Play online games So is a good knowledge and good method。Law is a science of research on law and legal practice,Its research objects include legal text and legal practice。For legal text,The method of interpretation and comparison research method is the way to the road、Appropriate; for legal practice,Research methods using empirical (or experience) are the most appropriate and the road。So,Notes、Comparison and empirical research methods are conventional methods of legal research,They each have excellent lengths,There are suitable research objects and specific land use places,Can't replace each other、Thick this is the one who is thin。

Step into the 21st century,The most significant incident in law studies in Chinese departments is the rise of empirical research (roughly belonging to the experience of experience in social science law),It and the original law and teachings、Comparison law is becoming the three basic samples of Chinese legal research in the new period。At present, major mainstream publications in the Chinese legal community tend to publish the papers of empirical research by priority publishing,so that when the article is not available, it is almost impossible to publish if there is no detailed data and exquisite statistical charts。Empirical research,Especially in quantitative research,Improving the scientific nature of the Chinese department's legal research,But there are also fragmented、I saw problems such as forests without seeing trees,Frequent local micro -legal applications and judicial practice make it clear,But the Bet365 lotto review overall theoretical construction of Chinese law and justice is very insufficient,How to organically combine macro theory and micro -experience materials,Overcoming the disadvantages of fragmentation,Save the memory of a legal system in the era,It is the direction of the efforts of China's law research research in the future。

After more than 40 years of development,China Law has gradually narrowed the gap with the research with the world's major rule of law in the world。Development of Internet technology,Make global academic resources achieve common sharing。The important academic theory of foreign scholars today is basically the Chinese version of the Chinese version.,Important legislation and judicial activities in the world all affect the nerves of Chinese law scholars,The development of Chinese law is becoming more and more synchronized with the world。Today,Two -way academic exchanges and interactions at home and abroad is very frequent,The figure of Chinese scholars can be seen at more and more important international academic conferences,I heard the voice of Chinese scholars,Chinese Law is moving and integrating into the world。But for a long time,We are more than innovation and contributions to our learning and access to。time to this day,The subjectivity of Chinese law is still insufficient,There are still not many things that belong to China,We haven’t completely got rid of the dust after the step people、The historical stage of picking people's teeth。How to follow China's own unique practical experience,The words of Bet365 lotto review China,Contributing original thoughts and doctrine,It is a historical mission facing Chinese legal scholars。

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