Chinese Law has long faced questions about "where to go"。Early 21st Century，Zhu Suli described the Chinese Law research pattern of Chinese law as "Political Law Law、Interpretation of Law and Social Science Law ‘Three -footed Story’ ”，And prediction of political and legal science will gradually "retreat"，Interpretation of Law and Social Science Law is more likely to be in a dominant position in the future。After more than 20 years of academic development and accumulation，The diversification trend of law research methods in my country has emerged -value analysis、Philosophy analysis、specification analysis、Legal interpretation and other traditional legal research methods and sociology、Economics、Anthropology、Cross -disciplinary research methods such as cognitive science and other interdisciplinary research methods，and formed value law (or philosophical law)、Standardize the research pattern of the "three -legged" of law (or the teachings) and social science law。

For nearly ten years，The continuous academic dialogue between the doctrine of the law and the law of the social science，undoubtedly pushed the Chinese legal research in the new era to a new climax。But behind the excitement，Social Science Law actually belongs to the "niche" school。Scholars in the research of social science law also acknowledge，The scale of social science law research is actually relatively small，right and non -mainstream。Including interpretation of law、Analysis Law、Rules Law (Analysis of Empirical Law)、Standard law, such as the doctrine of the law，It is in the unshakable mainstream status in today's legal research。The main reason for the following is the following aspects。

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Law science is scientific based on legal norms。Hans Kylesen, who first proposed the "standard law" proposition, defines "standardized law" as a learning that is used to describe a specific connection between specifications and legal order，Legal specifications are the objects of legal research。Carl Ralanz pointed bet365 best casino games out，"As a Law as a standard science" is concerned about the norm effectiveness of the empirical law、The meaning content of the specifications and the referee standards contained in the court's decision。So，The mission of the law is to understand the legal normative language and the normative significance expressed。This kind of law studying the law through understanding and explanation，can also be called "understanding" learning。

"Standard Law" is named，Not only because of legal norms constitutes the content of the law (legal concept、Legal rules and legal principles are the basic elements of legal norms)，It is also because standard analysis is a unique method of legal research。Whether it is John Osdin's analysis law、Herbert Hart's analysis of empirical law、Calison's standard law，Or interpretation of law、Dharma, doctrine, etc.，All can be included in the list of "standard law"，Because these laws are based on legal norms，and based on standardized analysis as the research method。

Austin's analysis law emphasizes，Actual existence、Laws formulated by people as the real object of legal research。Hart on the basis of reflection and criticism of the "Sovereignty Order"，Put forward "Rules Law"。From Hart's view，Legal rules include two rules: the first sex rules are the rules of setting obligations，The second sex rules are rules that grant power (including private power and public power)。The latter can be divided into recognition rules according to its function、Change rules and judgment rules。Law is a legal rules system that combines first -sex rules and second sex rules。

Calison's pure law is more clearly regarded as "real law" theory，It is believed that it is related to the empirical law itself rather than individual legal order，Analysis of "legal specifications" as the basic category of building a legal theoretical system。He thinks，The concept of legal norms is the basis of regulating law。All other concepts，Especially the concept of legal obligations and legal rights，Export from it。From this，Calison has the conclusion of "if the legal rules are effective if it is effective"。

Interpretation of law or legal interpretation is to focus on procedures and rules、logic and form、Law that advocates protecting legal security。A word bet365 Play online games to cover it，Legal interpretation must be interpreted around legal norms，The fact that it is about to be applied to the facts of specific cases，Interpreter needs to be "eye interaction circulation" between the standard constituent composition and the facts of the case，Otherwise, the interpretation of law will lose the goal and meaning。The doctrine of the law is under the premise of respecting the existing legal system and legal order，Focus on the effectiveness and application of studying legal norms，Law of the concept of law concept and the basic theory of the legal system that constitutes the independent system，The ideal is the systemic of the law。

The above -mentioned legal sciences are based on the logical starting point and home of legal norms。The reason why law is different from political science、Ethics and Moralology、Philosophy and become an independent science，It lies in the uniqueness of its research object，is based on the current effective reality method as the base、Taking the specification analysis as the research method、Logic interpretation as a applicable logical starting point、For the purpose of pursuing the dispute between the case。The founder of Social Law Rosco Pound also believes，The concept of "Law" contains unity、Concepts such as regularity and predictability，These concepts are the "internal morality" of law science。So，Standardize the laws of the law built the cornerstone of the entire Law Building，It can be said，There is no legal science without standard law。If the law does not first solve the basic category of law，Uncertainty system system，cannot conduct legal research。

Visible，Standard law is the foundation and mainstream of law，Other legal schools or schools are based on the standard of law，Or growing up in the process of arguing with it，Finally, it is based on regulatory law。Neil McCawmik has pointed out the value of standard science for law -we need legal technicians，To be such a technician must achieve the following conditions: first, master simple and clear legal knowledge; second, we must understand what kind of knowledge is legal knowledge、What kind of facts are the facts of legal facts; the third is to have a well -trained insight into the logic of legal argumentation; the fourth is to understand Bet365 lotto review the relevant sociology and economics knowledge; the fifth must be regulated morality and politics. The ability to think about critical thinking based on philosophy。

From this，Legal and technical personnel must first have the corresponding legal knowledge，and can use the specification analysis method to perform logical demonstrations，Followed by sociology、Economics、Moralology、Knowledge and ability in politics and other aspects。Standardment of law provides basic knowledge reserves for legal and technical personnel、Ability and method，and other laws play a role in strengthening。

　　Standard law is open and inclusive

Standard law is open and inclusive，Viewpoints that can accommodate and include social science law and value law (philosophical law)。Standardize Law in different samples -Analysis of Law、Pure Law、Learning of Law、Dharma, doctrine, etc.，They absorb the views and methods of social science to varying degrees。Standard law is the legal specification as the institutional facts，Analysis of the law from the perspective of the inside; political science、Economics、Sociology、Human history、Social Culture and other social sciences，Observe the relationship between law and society from an external perspective。So，When using other social scientific methods to solve legal problems，Must take the law as the core。

Research or observation of the same object is inseparable from the two perspectives of the inside and outside，But there is a primary and secondary internal and external perspectives。Social science is a research method "introduced" by law，Must use "Law as the body，Social Sciences for "。Social Science Law is the product of integrating "law" and "social science"，Social science methods solve the law of law。So，Some scholars think，If social science law does not start from legal issues and finally serve legal issues，It may be a woodless wood、Pingzhong Ping，So drift to other disciplines。Some scholars also pointed out，Different research on the hat of social science law，Specifically includes Law Sociology、Law Economics、Law psychology、Legal science and legal cognitive science，Basically, use the method of foreign disciplines to analyze legal issues。

The question lies in，Although the above research bet365 Play online games roads and methods all wear "hats of social science law"，But its research objects and methods are different，It is difficult to form a true and unified "social science law school"，The gap between each other is not compared to regulating the small gap between law and social science and law。Regulating law can tolerate the explanation method of other disciplines，Politics、Economy、Society、Moral、Culture and other perspectives of social science law and value law，Integrated to specific、Applicable specification Definition process，and incorporate it into the structure of the legal system or referee specification。

It is necessary to apply legal specifications to specific cases，It is necessary to explain legal norms。This interpretation process is from the "legal norm" to "referee specification" to reshape the process，The subjective initiative of the interpreter is also reflected here。

　Standard law helps to cultivate legal thinking

Standard law can cultivate the unique legal thinking of legal professionals。Carl Schmid believes，All legal thinking and rules、Decision、Focusing on the concepts of order and shaping，On this basis, he proposed three modes of legal thinking，That is the rules and regulations、Decisive mode and specific order and shape mode。In fact，All law thinking，It is necessary to use legal rules、Specification、Order and value is judged and thought about the core。Legal thinking is to think about the problem with the use of legal norms and its destination value、Analysis、distinguished、A thinking activity judged，Specific legal thinking、Three ways of thinking and legal thinking of rule of law。

Basic logic of legal thinking is "Law"，It mainly emphasizes people's thinking based on legal norms，Exploring the relationship between legal norms and facts，Disputes used to solve specific cases。Use legal thinking to solve problems，Actually it is the process of explaining the law，Therefore。Legal thinking and rule of law thinking are based on "law" and thinking，But the logical starting point of the rule of law thinking is "rule of law"，Always take "law first" and "rights protection" as the starting point of thinking。If the ruler only has the legal thinking concept of rule rule，The thinking concept of the rule of law without bet365 live casino games the right to protect，Even if the rules are executed, it is better，It is also difficult to achieve the ideal "good rule"。The logical starting point of legal thinking is jurisprudence，The principle behind the law、Principles、Purpose、Value。Legal thinking contains in legal thinking and rule of law thinking，Legal thinking or rule of law thinking without legal thinking，can only be legal thinking、Mechanical thinking、Discipline thinking or rigid thinking，Only use the legal thinking，Beyond the law and explain the jurisprudence behind the law，can the Lengbing's law be turned into a warm movement。

The legal thinking of the above -mentioned legal professionals，Only in regulating law education in law can be cultivated and established。Standardizing the knowledge and technical nature of law is the unable to provide social science law，But it is a necessary skill and literacy for all those who are engaged in legal profession。Edward Kirk pointed out，Law is an art，Long -term learning and practice need to be mastered。Master this "art"，Need to use the understanding of legal specifications、Explanation、Analysis、Research、Inference or rhetoric。Regulating that the law emphasizes the respect of legal rules and the faith of the effectiveness of legal order，Established a consciousness of rule of law with the first rule of law and law，This is precisely necessary for legal professionals。

　　Constructing China ’s autonomous law knowledge systemcannot be separated from normative law

Standardize Law Focus on the basic category of law、Construction of basic principles and basic theories。Since the new era，Historical achievements in the construction of Chinese rule of law，Comprehensively governing the country in accordance with the law to open a new situation，Innovation of innovation in the theoretical field of the rule of law，Many logo concepts have emerged、Original category。The General Office of the Central Committee of the Communist Party of China、The General Office of the State Council "Opinions on Strengthening Law Education and Law Theoretical Studies in New Era" clearly required: Summary to refine socialism with Chinese characteristics.、Original、Identity concept、Views、Theory，Build China'bet365 Play online games s independent legal knowledge system。

It can be said，Construction of a socialist rule of law with Chinese characteristics、rule of law China、State of the rule of law、Government of rule of law、Law of the rule of law、Governance according to law、Ruling according to Xianxian、Govern the country according to law、Govern the country according to the constitution、Constantly review, etc.，All are originality proposed by the new era、The concept and theory of the times。Scientific、The concept of refined refined、The category is the crystallization of knowledge、The carrier of thought、Elements of the knowledge system，The scale of measuring the level of national theoretical thinking。For these new concepts、category and theory，Only by using the analysis method of normative law，Deeply explains its rich connotation，can we build China'bet365 Play online games s independent legal knowledge system，Then build a Chinese law discipline system、academic system and discourse system。

　(Author unit: Shanghai Jiaotong University Law School)