Law as an important part of liberal arts higher education,Its traditional research methods and means have become increasingly difficult to compete for the needs of the new era。November 2020,The "New Liberal Arts Construction Declaration" released by the New Literature Construction Working Group of the Ministry,This declaration emphasizes the need to adhere to Xi Jinping's new era of socialism with Chinese characteristics as the guidance,Constantly improving the times of higher liberal arts education、Scientific and creative。
Scientific life lies in practice,Social Science and Natural Sciences belong to science,They all have scientific common attributes -practical。So,Laws with social science attributes should also be closely integrated with practice,Through research and answering the country、Major concerns of society,continuously promote and promote legislation Bet365 app download on the basis of practice、Justice、The development of law enforcement and legal supervision,Provide intelligence support for the strategic goals of achieving the country in accordance with the law。General Secretary Xi Jinping emphasized: "Research、Thinking、Determine the ideas and major measures of comprehensive deepening reform,Carving the boat for a sword,Mainly cars when closed doors,It is even more like a whimsical,Must conduct a comprehensive and in -depth investigation and research。"Law research cannot stop on paper logic deduction,It should also pay attention to the experience and practical characteristics of law,This can truly effectively realize the "era of the times about liberal arts education such as law in the New Liberal Arts Construction Declaration、Scientific、Creativity "requirements。
But,For a long time,There are some disputes about the qualitative of law。A view that law is not social science,It and philosophy、Literature、Humanities such as art and other humanities are basically the same; another view is that law is social bet365 best casino games science,Therefore, it is advocated that legal research should use research methods similar to natural sciences,that is, use "data" to speak for legal studies。I think,The above two views only see one aspect of the legal attributes and ignore the other aspect,Both bias。Laws have attributes of humanities,At the same time, it also has the attributes of social sciences。For example,In the field of value research and legislation research in the law,The attributes of the humanities department of law are particularly prominent,In the field of crime research,Social science attributes of law are more obvious。
Corresponding to the above two viewpoints of legal attributes,Law research has two different modes in practice。One is traditional、Specific Law research mode。For a long time,This Bet365 app download type of research model occupies the main position of law research。Another type is the new type、Empirical research mode。Compared with the first type of mode,This is an emerging research mode that is currently emerging but does not occupy the dominant position。In the first type of research mode occupying the dominant position,Law is often regarded as a humanistic discipline,And the attributes of their social sciences are often ignored,This qualitative leads to the research method and philosophy of law、Literature、Research methods for humanities such as art and other humanities are similar,The subjective cognition of researchers、Thoughts and feelings occupy the greater weight of the research content。Specifically,More language expression methods such as "I (we) think",The conclusion that adopts this type of expression is mostly a often exist in the law of law、Specific theory that has not been inspected after empirical test。Although these two legal research models are biased,But from the perspective of reality supplementation,We must encourage and advocate strengthening the second type of research mode。Just as General Secretary Xi Jinping pointed out,"The vitality of the law lies in implementation"。So,The empirical character of legal research can only be strengthened,Can't weaken。
Bet365 app download Comrade Mao Zedong once proposed "No Inspection and No Speaking",This assertion has been generally recognized,and being used as a scientific、Effective working method。So,For how to deepen "comprehensively governing the country in accordance with the law",How to coordinate、major issues such as "party rules and state laws" and other countries and social concerns,Laws must conduct a survey,Only on the basis of the survey can it be proposed to be suitable for Chinese national conditions、Specific and feasible、Constructive opinions and suggestions,This is the historical mission and responsibility of Chinese law in the new era。But,Traditional in the field of law、Specific research method often lacks investigation empirical links,Therefore, answers to major questions about the country and society cannot be targeted,Can't provide legal support for the country's rule of law and social governance well。Empirical links that lack investigations,Often leads to more research on the logical deduction on paper。But,The logic on the paper is not the bet365 best casino games same as the logic in practice。To avoid the frequent occurrence of this phenomenon,I think,should be encouraged and advocated to adopt a new type、Empirical research mode。
But,How to guarantee the scientific and reliable "empirical" in law enforcement research,This is also a question worth scrutiny。For this,I think,Only through scientific survey,can get the right conclusion。Just as "Do not do the right survey,There is no right to speak ",Scientific survey methods are vital to ensure the social science attributes of law。At the same time,This is "Time proposed in the" New Liberal Arts Construction Declaration "、Scientific、Creativity "is also very important。
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(Author Unit: School of Law School of Northwest Normal University)
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