Based on China's practical construction of legal knowledge system
May 16, 2023 09:54 Source: "China Social Sciences" May 16, 2023 Issue 2650 author: Chen Yongqiang

How to understand "Chinese autonomous knowledge system"? From the perspective of vocabulary,"Autonomous" means self -decision、Self -proposition,instead of others decided、Others advocate。"China Autonomy",is China's decision or proposition。Constructing China's independent knowledge system,Requires the knowledge that Chinese people produced and created mainly,Rich and develop our local knowledge。Based on this logic,Knowledge production and creation of Chinese law,It should be based on local legal practice,Produced by academic refinement、Created。This is also the first orientation of the construction of the legal knowledge system,Practice orientation。Chinese legal practice is a sample of studying Chinese law,Concept research based on this sample、Terity Studies、discourse research、Study of theory, etc., constitutes bet365 Play online games the second orientation of the construction of legal knowledge system,The theoretical orientation。

Law knowledge in the theoretical sense is different from legal knowledge in the practical sense,The legal knowledge in the practical sense is the initial level、Knowledge with a lower degree of abstraction,The legal knowledge in the theoretical sense is a high -level、Knowledge with a higher degree of abstraction。Construction of Chinese Law Knowledge System,You need to focus on three aspects: First, the construction of the concept system,The concept system is mainly based on formal logic; the second is the construction of the rules system,The rule system is a system of form tendency; the third is the construction of the principle system,The principle system is a system based on substantial justice,Is an ethical system。The three need logic self -consistent as a whole,During the period, there is no conflict and contradiction,This is the basic requirement for building a Chinese legal knowledge system。

Construction of Chinese Law Knowledge System,It Bet365 app download means that the production method of legal knowledge should also be fundamentally changed。More than a hundred years ago,Chinese legal knowledge is a successful knowledge,Legislation and the concept used in it、Rules、Principles, etc., are often directly transplanted without testing,This is a kind of "Western learning、Middle School is used "method。Today more than a hundred years later,China's legal practice accumulation is very rich,Comprehensive advancement of the construction of China in rule of law。So,The production method of legal knowledge should also be based on "Western learning、Middle School uses it "to turn to" China as the observation、Times as the view,Based on the actual situation of China,Solve the Chinese problem "up,Theoretical innovation of continuously promoting Chinese legal knowledge、Method innovation。

During the discussion process of legal issues,On the one hand,We need to study and interpret the concept of studying and explaining from the legal practice of Chinese natives。Legal practice includes the current legal bet365 live casino games provision、The current judicial interpretation、Judicial referee, etc.,We should be good at understanding and grasping China's legal vocabulary from these practices,and further refine these vocabulary into academic concepts。For example,Discussion on the concept of "punishment line" in civil law,It can not be interpreted by the concept of "punishment line" that comes from the West directly,Starting from the legal practice of Chinese natives,Discuss how to use the term "punishment",Discuss what kind of punishment is the "punishment" used in Chinese civil law,Is there any special punishment line,, etc.。This is an empirical analysis method,It aims to let our research look back to the law of our country,Therefore, the production of legal knowledge has a Chinese problem consciousness from the beginning。

On the other hand,We need to comprehensively use the history、Culture、Social、Analysis of language to explore the true meaning of Chinese law's use of these legal terms,thus deeply grasp the meaning and value of Chinese law,bet365 Play online games Put forward more original new categories、New propositions、New Theory。For example,The meaning of the Chinese law of the aforementioned "punishment line",The history of Chinese civil law is needed、Culture、Analysis of language and other angles。From the history of Chinese civil legislation and the current "Civil Code",The term "punishment line is" did not appear in the empirical law,The terms used in the Civil Code are "punishment" and "punishment right",Obviously different from the German law。The "punishment" used by the Chinese law contains at least four cases,The first type of punishment to independence is,The second type of punishment is,The third type is a punishment that includes burden behaviors,The fourth type refers to the factual punishment。You can see,The concept of "punishment" used by Chinese law is relatively broad,It is not the punishment of German law in the narrow sense。The relationship between the relationship between the burden and the punishment behavior,Chinese law is also different from German law,Sometimes bet365 best casino games the two are separated,Sometimes it is unified。When we come from Chinese culture、Chinese history、Chinese society to refine and explain the concept of Chinese law,Chinese legal knowledge system will gradually be constructed。

In short,Only based on the practice of the rule of law in China,Refine、Production、Creation、Discuss the concept of Chinese law、rules and principles,can we speed up the construction of a Chinese legal knowledge system。

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