The supply force of bet365 bonus bets is the extent to which the construction of bet365 bonus bets meets legal practice。Generally speaking,The higher the degree to which bet365 bonus bets meets legal practice,The supply of bet365 bonus bets will be stronger,Opposite,The supply force of bet365 bonus bets becomes weaker。The disconnect between theory and practice,Even the emergence of the theory that theory is useless,It is still a historical problem that plagues legal research in my country。The problem is,What kind of bet365 bonus bets should we construct。If legal research is just playing conceptual games,It is inevitable that theory will be divorced from reality。
The vitality of bet365 bonus bets lies in innovation,The direction of innovation lies in improving the supply of bet365 bonus bets,This is the way out to resolve the contradiction between theory and practice。Is bet365 bonus bets useful?,On the surface, it is related to the relationship between theory and practice,What essentially needs to be answered is the supply of bet365 bonus bets,If legal theories are shoddy,Or talking to oneself without legal practice,Or lack the necessary objectivity when expressing opinions and "use it for me",It is inevitable to argue that bet365 bonus bets is useless。For that matter,Legal research needs more jurists who shuttle between theory and practice,Legal research requires keenness、Looking at the complex relationship between theory and practice from an evaluative perspective。
The reason why the two skins of theory and practice exist,Of course and practical ability、Related to practical concepts,But in the final analysis,As Kant said,is “not enough theory”,It is the problem of insufficient supply of bet365 bonus bets。Modern scholars place more emphasis on interpreting criminal law and arriving at doctrinal criminal law through criminal law philosophy,Strengthen the reflection of bet365 bonus bets on legal practice,This is the only way to improve the supply of bet365 bonus bets。After all,Law and justice are determined by practical reason,Clear mind、A calm person can use the vast legal literature as a practical starting point,Strengthen the supply of bet365 bonus bets,This is good news for readers who are not familiar with bet365 bonus bets and legal practice,bet365 bonus bets and legal practice can also complement each other,To eliminate the misunderstanding that bet365 bonus bets is "useless"。
Objectivity and intersubjectivity of bet365 bonus bets,It is the two dimensions of looking at the supply power of bet365 bonus bets。In countries that emphasize materialism,The objectivity of bet365 bonus bets is particularly important,bet365 bonus bets is about legislation、On the basis of a full understanding of judicial practice,Constructed with the help of logic and legal principles,Pay more attention to legal principles and normative analysis based on logic,Ensure this objectivity,It can basically ensure the supply of bet365 bonus bets。Historically speaking,This is a story about legal research’s pursuit of objectivity in bet365 bonus bets and its failure,Because in the era of multiple values,Different subjects experience、Differences in value judgment caused by different knowledge backgrounds,There is a dilemma in pursuing the objectivity of legal research,"My mother-in-law said she was right will appear.、The dispute pattern of "public opinion and reasonableness"。Many scholars also believe that objective truth does not exist,At this time,It is also crucial for bet365 bonus bets to pursue consensus between subjects,Criminal reconciliation promoted by changes in contemporary legal systems、Pleas guilty and accepts punishment, lenient punishment, etc. are related to this,The three-class theory gradually has more and more followers,It is also a manifestation of the intersubjectivity of bet365 bonus bets。In the information age,Legal research uses data to ensure the objectivity of theory,It means the integration of natural sciences and social sciences,Need data-based empirical analysis,Including the judge’s mandatory retrieval and analysis of similar cases when handling cases,To ensure the objectivity of legal research,And it is possible to transcend the intersubjectivity of bet365 bonus bets。
Actually,The objectivity and intersubjectivity of bet365 bonus bets are not inconsistent,Objective legal theories tend to have more followers,Thus becoming an intersubjective bet365 bonus bets,Objectivity and intersubjectivity have thus become the criteria for testing the power of bet365 bonus bets。The vision of any legal research must be objective、Based on the bet365 bonus bets of intersubjectivity and the nature of law,Emphasize the supply power of bet365 bonus bets。You can even say,Central Issues in the Supply of bet365 bonus bets,It becomes a legal study on how to highlight human subjectivity,Better serve the development and prosperity of mankind。For example,As far as the theory about the nature of crime,Why the obligation is violated、The theory of rights infringement was replaced by the theory of legal interest infringement,Not only because of the lack of objectivity in the theory of rights infringement,Cannot reflect the country、Social crime,Furthermore, it is said that it is strengthening the people’s obligations because of the violation of obligations,Contrary to human dignity, etc.。For that matter,Legal research does not present the image of an enthusiastic or even blind advocate,Jurists should transcend self-knowledge,Strengthen legal practice in theoretical construction、Simulated dialogue among jurists,Towards a sense of wholeness,Thus ensuring the objectivity and intersubjectivity of bet365 bonus bets。
In short,Only those who take legal practice as the objective research object,A bet365 bonus bets that in turn guides legal practice and has gained widespread recognition,That’s how to apply yourself to the world、Providing bet365 bonus bets,It is also an academic pursuit that jurists need to pursue。Jurists are the creators of legal theories,bet365 bonus bets is not a manor for jurists to entertain themselves,It must guide the social life of the people and the legal practice of state agencies,In turn, it affects the development of a country’s rule of law,This puts forward new requirements for improving the supply of bet365 bonus bets。
First,bet365 bonus bets should pay attention to criminal law theory。Condensing criminal law principles,This is the basis for improving the supply of bet365 bonus bets。Historically,The continuation of bet365 bonus bets is like a big wave washing away the sand,It also needs to operate in accordance with the laws of market competition,The legal theories that can remain in the long history must be classic theories,Such as the doctrine of legal punishment、Legal interest theory, etc.。There are profound criminal law principles behind these classic theories,Such as protecting human rights and limiting state power, etc.,It can be said,Criminal law jurisprudence is the foundation for the continuation of bet365 bonus bets。Opposite,If you lack understanding of criminal law principles,It is possible to construct a wrong bet365 bonus bets。For example,The current discussion in criminal law theory on the protection of legal interests of individual crimes,Often logical arguments are sufficient,But insufficient legal understanding。There are many theoretical discussions on the protection of legal interests in individual crimes (such as defining the protection of legal interests in individual crimes as certain rights),Lack of basic bet365 bonus bets on legal interest theory、Grasp the development context, etc.,Even the concept of legal interests、There are major errors in functional understanding,It is even harder to say that the construction is coherent、Purposeful individual crime protection legal interest doctrine。
Secondly,bet365 bonus bets should pay attention to Chinese legal practice。Law is not a castle in the air,It is a very practical science,Legal research has a rational side,Also has an experienced side。Chinese legal practice has its own special cultural genes,Take criminal law as an example,China’s criminal law is also different from countries such as Germany and Japan (such as qualitative + quantitative criminal standards)。Judicial practice except for general cases,We will also face a certain number of difficult cases。For difficult cases,The criminal law provisions establishing these crimes have not been the subject of judicial review,Therefore,Even if we adopt the three-class theory,It is also inappropriate to copy German and Japanese legal theories,Otherwise,It will inevitably lead to the problem of "acclimatization"。But it needs to be combined with Chinese legal practice (such as proviso clauses、Necessity of punishment in criminal policy, etc.) to be reformed,Develop and promote a criminal theory system that is consistent with Chinese legal practice。For example,Based on punitiveness (compliance with constituent elements + illegality + responsibility) and need for punishment (principle of proportionality、Difference between provisos, etc.,Correctly treat "criminalization and emphasize legality"、The legal principle of emphasizing "reasonableness" when committing a crime,Constructing a crime theory system with Chinese subjectivity,Thus realizing the transition from "follow what is said" to "continue to talk"。
AGAIN,bet365 bonus bets should pay attention to the laws of legal development。Law and legal practice as an object of knowledge,Nature has its own inherent laws of development,If the punishment is reduced、Civilization of criminal law, etc.。From an epistemological perspective,bet365 bonus bets lies in understanding legal practice、Rethinking legal practice、Guide legal practice,This understanding、Reflection and guidance must be based on the understanding of the laws of legal development。For example,Our research on sentencing system,It must be based on the understanding of sentencing laws。The so-called sentencing law is the basic law of the exchange of the amount of harm caused by a crime and the amount of punishment,Among them,Declaration penalty fluctuates around the base penalty,It is the specific manifestation of the role of sentencing rules in sentencing practice。Only based on the understanding of sentencing laws,Our sentencing benchmark、Sentencing Procedure、Only the legal theoretical construction of sentencing factors and other factors can provide power。
Finally,bet365 bonus bets should pay attention to "self-prophetic realization"。Professor Thomas pointed out,“If people define the situation as real,Then they are also true in the consequences”。American social scientist Merton calls it "self-prophetic fulfillment"。bet365 bonus bets must pay attention to the present,Also look to the future,Need to pay attention to "self-prophetic fulfillment"。bet365 bonus bets needs to pay attention to the ideal of human social development,Jurists also need “self-prophetic realization”。current,Legal doctrine is becoming a popular field of legal research,In terms of the function of legal doctrine,Not only must serve the just adjudication of individual cases and ensure the coordination of results between cases,And we need to clarify the ideals of social development。How to clarify the ideals of social development,It requires legal scholars to pursue a "self-prophetic realization" in theoretical construction,There is no need for legal scholars to lose confidence because their theories have not been adopted in current judicial practice,Legal theories with supply power will surely stand out in the market of theoretical competition,Just like the "dividends" Beccaria's doctrine of legal punishment brings to today's legal practice。
(The author is deputy director of the China Institute of Rule of bet365 bonus bets Modernization, Nanjing Normal University、Researcher)
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