The supply of legal theory is the extent of the construction of legal theory to satisfy legal practice。Generally speaking,Legal theory, the higher the level of legal practice,The stronger supply of legal theory,On the contrary,The supply of the theory of legal theory, the weaker the theory。The theoretical and practical disconnection,and even the breeding of the theory of useless theory,It is still a historical problem that plagues Chinese law research。The question is,What kind of legal theory should we construct。If legal research is just a concept game,The theory is inevitable to leave the actual situation。
The vitality of law theory lies in innovation,The way of innovation is to enhance the supply of legal theory,This is the way out of the contradiction between the theory and practice。Is there any use of legal theory,On the surface, the relationship between theory and practice is related,In essence, what needs to be answered is the supply force of legal theory,If the theory of law is rough and non -made,or self -spoken and self -talk that is separated from legal practice,or lacks necessary objectivity when expressing views, "for me",The theory of law theory is useless, but it is difficult to avoid。That's for this,Law research requires more jurists who shuttle between theory and practice,Law research needs to be keen、Evaluation of the complex relationship between theory and practice。
The reason for the existence of the two skin in theory and practice,Of course and practical ability、Practical concept is related,But in the end,As Kant said,"No theory",It is a problem of insufficient supply for legal theory。Modern scholars are even bet365 Play online games more strongly adjusted to criticize criminal law to the doctrine of criminal law through the philosophy of criminal law,Equipment of enhanced legal theory for legal practice,This is the only way to enhance the supply of legal theory。After all,Law and justice are determined by the reason of practice,Clear mind、Calm people can take the huge legal literature as a starting point,Supply of the supply of legal theory,This is a gospel for readers who are not familiar with legal theory and legal practice,Legal theory and legal practice can also complement each other,Misunderstanding of "useless" the theory of legal theory。
The objectivity of the theory of legal theory,It is the two dimensions of the supply of legal theory。Countries that emphasize materialism,The objectivity of legal theory is particularly important,Law theory is legislative、Judicial Practice and other fully understanding,The help of logic and jurisprudence,Pay more attention to logic -based legal and specification analysis,Make sure this objective,then can basically ensure the supply of legal theory。Look at it historically,This is a story about the objectivity of legal research seeking law theory and its failure,Because in the era of diversified value,Different subjects due to experience、Knowledge background and other differences leading to differences in value judgment,The objectivity of a single pursuit of legal research is difficult,There will be "Pu said that Po is reasonable、Public Story of Public Homorious "disputes。Many scholars also think that objective truth is not exist,At this time,Legal theory Pursue the consensus between the subject and the subject is also very important,Criminal reconciliation promoted by the reform of contemporary legal system、Consultation and Punishment from Broaden punishment, etc.,and the bet365 best casino games three -story theory gradually appears more and more followers,It is also a manifestation of the subject of legal theory。In the information age,Law research uses data to ensure the objectivity of theory,It means the integration of natural science and social science,Empirical analysis of data -based data,Including the judge's implementation of cases of mandatory retrieval and analysis in the case of handling the case,to ensure the objectivity of legal research,It is possible to surpass the inter -subjectivity of law theory。
Actually,The objectivity of legal theory is not contradictory between the subject,Law theory with objectivity often has more followers,thus becoming a legal theory with the main body,Objectiveness and the subject of the subject also become the standard for the supply power of the law of the law。The vision of any legal research must be objective、Based on the nature of legal theory and law inter -subject,Emphasizing the supply of legal theory。It can even be said,Antimony of the supply power of law theory,It has become how legal research highlights people's subjectivity,Better service for human development and prosperity。For example,For the theory of the essence of crime,Why the obligations violate the saying、Rights infringement theory and other legal and interest theory to replace,Not only because of the insufficient objectivity of rights infringement,Can't reflect the country、Social crime,And because the obligation violates the obligation to strengthen the people,Racing with human dignity。That's for this,Law research cannot show the image of an enthusiastic or even blind advocate,Legist should be beyond self -knowledge,Strengthening and legal practice in theoretical construction、Sims dialogue between jurists,Go to an overall bet365 live casino games sense,to ensure the objectivity of the theory and the subject of the subject。
In short,Only those objective research objects with legal practice,On the other hand, the legal theory that has a guiding role in legal practice and obtained wide recognition,is the use of the world to use、Law theory with supply for power,It is also an academic that jurists need to work hard。Legalists are the creators of legal theory,Law theory is not the manor of the jurist's self -entertainment,It must guide the people's social life and legal practice of state organs,Then affect the development of the rule of law in a country,This puts forward new requirements for the supply power of enhancement of legal theory。
First,Law theory should pay attention to criminal law。Criminal law,This is the basis for improving the supply of legal theory。From the historical perspective,The continuation of the theory of law is like a big waves.,You also need to run according to the rule of market competition,The law theory that can be left in the long river of history must be a classic theory,Legalism of crime punishment、Fa -interest theory, etc.。Behind these classic theories, all contain profound criminal law,If protecting human rights and restricting state power, etc.,It can be said,Criminal Law Judge is the foundation of the theory of legal theory。On the contrary,If you lack the understanding of criminal law,It may construct an wrong legal theory。For example,Criminal Law Theory The current discussion on the protection of the protection of the law of crimes,Often is more than logical demonstration,But in lack of legal observation。Discussion on the protection of the protection of laws on the protection of crimes (such as defining the protection of the protection of the crime as a certain right),Lack of the basic law of the theory of law bet365 best casino games and benefit、Development context, etc.,Even the concept of legal benefits、Functional understanding has major errors,It's more difficult to say that the constructive integration、Destinations of Penal Protection Theory。
Next,Law theory should pay attention to Chinese legal practice。Law is not the air tower,but a very practical science,Law research has a rational side,There is also an experienced side。Chinese legal practice has its special cultural gene,Taking the Criminal Law as an example,China Criminal Law is also different from Germany and other countries (such as the standard of consequences+quantitative crimes)。Judicial practice except involving general cases,It will also face a certain number of difficult cases。For difficult cases,Criminal Law stipulated in the establishment of these crimes has not become the topic of judicial review,So,Even if you adopt a third -level theory,It is not advisable to copy the legal theory of Germany and Japan,Otherwise,It will inevitably lead to the problem of "water and water dissatisfaction"。Instead, it is necessary to combine Chinese legal practice (such as the terms of the book、The necessity of punishment in criminal policy, etc.) is transformed for transformation,Development and advocates a criminal theory system that conforms to Chinese legal practice。For example,To be punished (compliance with composition+illegality+responsibility) and required (proportional principle、Daning Terms, etc.),Correctly treat "Emphasis on Crime Emphasize Legal、Legal of Crime Emphasize Reasonable ",Constructing a criminal activity system with the main nature of China,to realize the transformation from "telling" to "continue"。
again,Law theory should pay attention to the law of legal development。Legal and legal practice as Bet365 lotto review a cognitive object,Naturally, there is its inner development law,If punishment is gentle、Civilization of Criminal Law, etc.。From the perspective of epistemology,Law theory lies in understanding legal practice、Reflection of legal practice、Guide legal practice,This kind of understanding、Reflection and guidance must be based on the grasp of the laws of legal development。For example,Our research on the sentencing system,Based on the understanding of the law of sentencing。The so -called sentencing law is the basic law of the hazard of crime and the exchange of punishment.,Where,Announcement that the punishment surrounds the base torture up and down,It is the specific manifestation of the role of sentencing in the practice of sentencing practice。Only premise based on the understanding of sentencing rules,We are punishable、sentencing procedures、The construction of the legal theory of sentencing elements can there be supply power。
Last,Law theory should pay attention to "self -prophecy realization"。Professor Thomas pointed out,"If people define the situation as real,So they are real in consequences "。American social scientist Melton called it "self -prophecy realization"。Law theory should pay attention to the present,Also look forward to the future,Need to pay attention to "self -prophecy realization"。Law theory needs to pay attention to the ideal of human society development,Legalists also need "self -prophecy realization"。Current,The doctrine of law and the doctrine is becoming a popular field of legal research,As far as the function of the doctrine of Fa,Not only should the coordination of the righteous referee of the case and ensure the processing results of the case,and the ideal of clarifying social development。How to clarify the ideal of social development,Then the law scholars need to pursue a "self -prophecy realization" Bet365 lotto review in theoretical construction,Legalists do not have to lose confidence in the current judicial practice because the theory of its own constructing theory,Law theory with supply power will definitely stand out in the theoretical competition market,Just as the "bonus" brought by Berkalia's criminal legal science to today's legal practice。
Bet365 app download
Friendship link: Official website of the Chinese Academy of Social Sciences |
Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869
All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission
General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026
>