In recent years，With the formulation of laws such as the Civil Code and the maturity of legal and methods of legal and methods，The definition of the origin of the academic community、range、Category, etc., has launched a new argument。Academic Contention is an important driving force for academic development，The argument around "legal origin" is the academic development of law in my country、The embodiment of academic prosperity。At the same time，This argument is also the inevitable result of the development of the rule of law in my country to a certain stage，It can be regarded as a response to legal practice of law。Therefore，The confrontation of the new and old views is not only a dispute over words，It is also a dispute over academic position and value。

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The concept of fighting focuses on the origin of law，How to in this body theory、Identification Theory、Methodism Define Bet365 app download the origin of the law。

First，In the sense of ontology, ask what is the origin of law。Traditionally defining Bet365 app download the origin of the law as the external manifestation form of the law formulated by the state agencies enjoys legislative power，It is relative to the inner structure of the law, that is, the elements of the law，The relationship between the two is the relationship between form and content。This view defines legal origin bet365 best casino games from the perspective of the legislature，In fact, answering the core question of the law of "What is the law" in the form of external bet365 live casino games expression。This view can be called the legal view of the legislative level，Emphasizing the external expression form and effectiveness source of the origin of the legal origin，Conquest in Marxist law。The definition of the law of Marxist law is from the perspective of the state，That is usually the so -called "state formulation or recognition"，In practice，The "state formulation or recognition" here is actually based on national organs with legislative power。In the history of human law，A variety of types of subjects enjoy legislative rights，For example, king、Church、President、Administrative Organ、Court、Scholar, etc.。After the victory of the bourgeois revolution，Gradually and standardized with the idea of ​​decentralization，Although different countries are different due to the different systems and mechanisms，But the subject of exercise of legislative power is gradually clear。

In our country，The authorities enjoying the legislative power shall be stipulated by the Legislative Law，That is a specific power organ、Administrative Organ、Military organs、Supervisory organs, etc.。But in practice，The reference basis for the resolution of the dispute by the judicial organs，Except for the laws formulated by the state agencies with legislative power，It also includes standardized documents formulated by state organs that do not enjoy legislative power、State organs enjoys legislative power have not been made in accordance with the standardized documents formulated by the Law of the Legislative Law，and various habits that are not based on standardized documents。Some scholars reflect bet365 best casino games from the perspective of ontology，It is believed that the scope of the origin should be expanded，Active files that have legal functions (especially as referee) formulated by state organs that do not have legislative power include。

Next，How to view Bet365 app download the origin of the law in the conceptive sense。I have a point of view, think，Law theory must help solve problems，Provide guidelines for practice。The legal origin is to summarize the objective existence、Abstract、Achieved formed，Determine whether it is scientific standard，is whether it is conducive to solving real problems。On the one hand，Legal origin as an important part of legal theory，The development of legal practice should be guided。On the other hand，When legal practice changes，The legal origin as an academic concept should also be updated or changed with it，The so -called "The tree of life is long，The theory is gray "。When not adapting to practice，Instead of making the origin of the law a pure concept of gorgeous appearance，It is better to make the necessary academic reflection and reconstruction of it。With the formation of the socialist legal system with Chinese characteristics and the in -depth advancement of the construction of the rule of law in my country，The focus of legislation is no longer a problem，but the problem of quality high。"The people's expectations for legislation，Isn’t there any no longer，but okay、For the use of pipes, regardless of、Can you solve actual problems。"In this background，Perspective perspective through justice as the core，The concept of re -examining the origin of the law is important。

Last，How to identify Bet365 app download the origin of the law in the methodological sense。Identification of the origin of the law，Legal origin at the level of legislativeism does not pay special attention to，Because the concept itself has solved the problem，The introduction and modification of the "Legislative Law" provides a standard basis for them。Legal origin at the level of judicial theory，The identification method of legal origin is used as the organic component part of the legal methodology。For the latter，With the gradual modernization of judicial concepts、The continuous maturity of legal methodology and the in -depth advancement of capable justice，The conceptual reconstruction of the origin of the law is an innovative achievement with dispute solutions。This reconstruction has not subverted the original concept framework，Still eliminating the basis of simply reasons for referees on the origin of the law，But the concept of legal origin after reconstruction，Whether it is the type or scope far exceeding the definition of traditional。

bet365 best casino games from the perspective of logical derivation，Legal origin in the sense of ontology provides the prerequisite and foundation for discussion for the legal origin of the theory and methodology，is the foundation of the latter two to be argued。But from the perspective of learning，It is precisely the development of legal origin in the methodology.，Forced the academic community to re -examine the legal origins in the sense of epistemology，Then the legal origin of this body theory subverts or revise。

　　The argument reflects the relationship between legal science and departmental law 

From today's mainstream legal textbooks, it can Bet365 lotto review be seen that the view of legal origin at the Legislative Lord is the general saying in the jurisprudence，The legal view of the judicial theory level is mainly the point of view of the department's legal community。This is applied with the latter、Strong practice，focusing on solving legal issues related。From this，An interesting phenomenon appeared，Although the views of the two are relatively tit，But the well water does not commit rivers and water，Being parallel development、The state of parallel。

Behind the back of Xiang'an，It is a problem between the relationship between law and departmental law。All versions of legal textbooks hold a similar point of view，That is, the law of law and departmental law is a general relationship with the special relationship，The material of the former comes from the latter，The development of the latter is guided by the former。but，Can the legal science lead the leadership or guide the department of law，In the practice of the development of law in my country，It doesn’t seem to be clear。To a certain extent，This makes the departmental law often ignore or despise the perspective of law in specific terms，And another way or another stove。

For legal scholars，The abstract thinking of philosophy can provide knowledge increasing knowledge for legal theory，But it cannot be directly transformed into operable techniques; and directly devoted to the study of departmental law，Principles of refining jurisprudence from it，Even the forging department is legal science，It often exceeds the restrictions of your own ability。To resolve this contradiction，Need a legal scholar itself is also proficient in departmental law，or legal Bet365 lotto review scientists are first -first jurists。Not only does the legal origin facing this situation，Legal behavior、Legal relations (especially the subject and the object of legal relationship of legal relationship)、Legal responsibility, etc.。Taking legal origin as an example，If you want to go through the way of self -revolution，Reshape the concept of existing legal roots，It is inseparable from the fusion of the perspective of jurisprudence and the perspective of the departmental law。Therefore，The conceptual dispute of legal origin is the internal contention of the jurisprudence.，It's better to say a try to communicate and dialogue between legal and departmental communication。

In this sense，Revisiting the concept of legal origin from the legal implementation level，Help legal science and departmental law unified understanding on this issue。This is the case，Although it cannot be said that the development of the law of the law of the department，But at least the "cracks" between the two parties were initially smooth，Make the discipline realize "the same frequency" in the same concept and then "resonance"。but，The argument of legal origins also has certain limitations。On the one hand，The legal origin at the judicial theory does not substantially shake the mainstream status of legal origin at the level of legislative theory。On the other hand，Conceptual conceptual theory of legal origin, although it has attracted the attention of individual scholars in the law of the department，But the position of the dispute has not exceeded the field of Fa Confucianism。other，Whether the new concept after remodeling has been accepted by the bet365 best casino games mainstream views of various departments is not clear，The reshaping effect of this concept still needs to be observed。

　　(Author Unit: Labor Relations and Trade Research Institute of China Labor Relations College)