For the past 20 years,Scholars combine methodology issues with Chinese practice,Expansion of the topic and theoretical depth of the topic of legal methodology。In the "New Development of Sino -German Law Methodology Research" academic seminar and "cross -disciplinary dialogue of legal methodology research" academic forum held in Zhenjiang, Jiangsu Zhenjiang, early September,More than a hundred Sino -German scholars focus on themes,Jointly explore China Demin Law、Criminal Law、Judicial、Research on the research of disciplinemology such as constitutional studies。The meeting was by Jiangsu University Law School、Hosted by the Chinese University of Political Science and Law,Peking University Press、Co -organized by the Zhenjiang Lawyer Association。
Methodology research in various countries has a special part,There should also be a common part。Scholars of the participating scholars,This means that the research of Chinese law methodology is learning from the general method mode、While building a special method based on special value construct,Also pay attention to based on your own experience,Forms persuasive、New method of universal nature,Add bricks to the doctrine of legal methodology。
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In legal research,Whether it is the doctrine,Still basic theoretical researcher,can all find exclusive research fields,But the methodology of legal methodology is undoubtedly a field developed by legal scholars and departmental scholars。Law methodology for the application of the law and the legal interpretation、Legal argumentation is important,Even after the postmodernist and practitioners, bet365 live casino games it cannot deny this。Academician of the Academy of Sciences、Director Thomas Merlus, Director of the European Law Research and Innovation Center of the University of Law, University of Ogsburg, Germany,The meta -theory of legal methodology aims to provide a comprehensive provision of a methodology model and argumentation rule,Reasonableness of the law in the case,so that the law decides to be the most convincing in the collision of different perspectives。At the level of law education,Law educators except teaching theory,Pay more attention to the knowledge of the practical link。
Many legal scholars have relying on deep insights and detailed explorations of judicial practice and theory with Chinese characteristics,broaden the perspective of world legal research,Digging the essence of world legal theory。Lei Lei, Dean of the School of Law, China University of Political Science and Law,"Now,Research on Chinese Law Method Theory is setting off a second wave of boom "。
will be on,Scholars between China and Germany have fully communicated,Not only the reasons and technology of the methodology of legal methodology from the depth of philosophy and the thickness of history,And Civil Law、Criminal Law、The specific issues in the constitution and other fields were explored。The theme of the discussion involves the objectivity of legal interpretation、Specific issues such as general clauses,Touched the European integration process again、Discipline crossing and emerging technological perspective methods such as changes in the new era theme;,There is also the eternal questioning of "Chinese question -where is the study of legal methodology?"。
Lei Lei said,German Legal Method Theory Research has more than 200 years of history,Related research results are the big view。Chinese Law Methodology Research has more than bet365 live casino games 20 years of history,Showing the trend of accelerated development。Chinese scholars with their unique keenness and diligence,Stain various methodological knowledge like thirsty,accumulated rich academic results in a short time。
Research with German Law Methodology is mainly based on departmental legal scholars as the main body,The early stage of my country's legal methodology research is mainly based on legal scholars。"Recent,This phenomenon has changed。More and more civil law、Criminal Law、Constitution、Administrative Law scholars participated in the research of legal methodology,Make legal methodology research and department law、Doctrine learning is more closely combined。"Lei Lei said。
Subjective interpretation and objective interpretation are conditional
Legal interpretation as one of the hot spots focused on the participants。In Law,Where does the truth exist? This question is answered in the explanation theory。"Subjective explanation believes,Truth exists in the history of legislators; objective explanation believes,Truth exists in the meaning of regulating itself。From a scientific perspective,The theory of subjective interpretation is ‘objective’,Because it can be verified; opposite,Objective interpretation theory is ‘subjective’,Because there is no objective standard inspection of the ‘normative intention’ is correct。"Zhu Qingyu, a professor at the Law School of Nanjing University,The method of legal interpretation includes literary interpretation、Historical Explanation、Historical Explanation、Purpose Explanation,We need to pay attention to how to get the correct explanation,How to respond to the relationship between the connection between truth and methods。To discover the objective existence of "truth",We must be good at using methodology to pursue the correct answer。
When it comes to the bet365 live casino games relationship between subjective interpretation and objective interpretation,,Peng Chengxin, Dean of Shanghai Jiaotong University Kaiyuan Law School, proposed,Subjective explanation、Objective explanation should be selected according to the specific case,Not the logical relationship of the other is the same,。Selecting objective explanation is often normal,But there is no need to exclude subjective explanations。Subjective interpretation and objective explanation are blending with each other、Conditions。Whether it is legal interpretation,Still the law of the law,In the end, we must understand the nature of the law from the perspective of the referee。Because different referees are targeted at different difficult cases,There may be different understanding of the law,So methodological multipleism is an inevitable choice。
The fulcrum of each legal methodology depends on the structure of the legal order it is going to develop。Professor Rongxiu, the University of Munich, Germany, Bande Xu Neman proposed,Daily language philosophy is an indispensable basis for modern legal methodology。Daily language is a comprehensive medium for legal order to express itself。Law in daily language,Naturally, the necessity of explaining the law。This is derived from the unchanged vagueness and porousness of daily language in ontology。Band Xu Neman emphasized,The four stages obtained by the laws obtained by the law of civil rights restrictions -historical legal interpretation、Value science knowledge under the ethics、Reason decision -making theory、Legal judicial loss,instead of the formation of "judge first" through "objective" interpretation。
President of Munich University School of Law Belste Gristel proposed,In Germany,Renewal of laws that transcend the text through the method Bet365 app download of pushing or destination limit,It is considered to be allowed in methodology,Because in many cases,This is the only situation that it can be involved without the legislative agency,A method that always fills the loopholes that are contrary to the plan in the implementation of the law。But,Division of legal stability and division of power,Laws that transcend the text are limited to the legal loopholes that fill the plan。
Increase Chinese samples for legal methodology gene library
Law methodology research brings a thinking revolution to Chinese judicial practice,At the origin of the law、Legal explanation、Law continuation、Legal demonstration has nourished Chinese local judicial practice,To some extent, it has contributed to the formation of the legal professional community。However, the research of legal methodology still faces some "Chinese questions",Is there a score of common and special phase of the method theory of law,Whether the methodology of law is applicable to other links such as mediation。
Associate Professor Guo Yan of the Law School of Beijing Normal University proposed,On the one hand,Social reality of rapid transformation allows us to propose higher demand far beyond doctrine,Such as "Reflecting Social Reality" and "Serving the Great Bureau of the Country"。On the other hand,Our pursuit of the "justice" of the referee,Half is rational,Half is emotional; and the requirements for "reasoning",Half is "reasoning",Half is "healing"。So,Answer "Chinese question",Need to combine the wisdom of German legal methodology with the wisdom of the ancient Chinese handling contradictions and disputes,It may be possible to establish a better Chinese law methodology。
Judicial referee theory is an important achievement of the implementation of legal methodology in China,Gathering the forefront of the field of Chinese bet365 live casino games legal methodology research、The most pragmatic、The most innovative thinking。Associate Professor Yang Bei, an associate professor at the University of Law of the University of Foreign Economics and Trade,The close connection between the theory of judicial referee and the practice of judicial practice,Judicial referee theory will present increasingly vivid Chinese characteristics,Politics of China、History、Multiple factors such as culture will obviously participate in the construction of the theory of judicial referee。At the moment of building an independent knowledge system of the law,Judicial referee theory is most likely the first to complete the self -constructed legal methodology branch。
Vice President of the Legal Research Association of the Chinese Law Society、Professor Shu Guoyi, a professor at the School of Law of China University of Political Science and Law,Construction of Chinese autonomous law knowledge system,Unexpected need to improve the theoretical thinking ability of Chinese jurists,Refine more original concepts、category,Forging more "ideological chips"。He proposed,Law is the embodiment of the national spirit,But it also requires jurists to provide technical resources for it through learning advanced legal civilization。Every jurist must improve the connection ability and innovation ability of their legal knowledge,Let the world know us、Discover us,Show the results of legal research with Chinese characteristics on the international stage。
Lei Lei said,Method Theory is just a set of legitimate judicial referee doctrine,It can only help us in an orderly reason,Unable to replace value judgment,Pure technicalist routes are not advisable。So,Discussing various explanations in the future、Continuation method、Limited method,To further discuss the moral ethics and political ethics behind the order Bet365 lotto review of Chinese law,Explore the implementation method of the judicial judgment through specific methods。Life of Law Methodology lies in applications,Chinese Law Method Theory Research In the future, it is necessary to form a closer community with judicial practice。
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