Famous German sociologist Lu Man has a subversive and insightful assertion of the operation of the legal system: Modern justice has the "decision" attribute，Not only is it not the vassal of legislation，and occupy the "center" of the legal system。This is mainly because of the rapidly changing modern society，Faced with endless new problems and various difficulty in reconciling controversy，Legislation can be temporarily put on hold because of immature conditions，The judge was "forbidden to refuse the referee"。Not only that，When legislation continues to create norms and contradictions，Judicial still needs to use the differentiated technology and the system's own selection mechanism between facts and specifications "Find Connection"，Makes the communication of legal operation so as not to stop or interrupt，to ensure that the legal system continues to "self" reproduction。

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Luman's social theoretical law provides a new perspective for the social phenomenon of understanding the law，For domestic legal theory research，It may also become an important knowledge growth point。

In the field of judicial basic theory，Chen Hongjie is quite keenly aware of the knowledge potential of Luman theory for the development of judicial research and thinking，It started a series of effective discussions，For example, "How to Governance of the Law -Philosophy Reflection in the Form and the Law of the Law", "How to Autonomy: The Systematic Interpretation of the Rule of Rule" "How to Practice the Law — Reflection on Law and Philosophy of the Governance of Law" and so on。Based bet365 best casino games on these preliminary research，Chen Hongjie continues to broaden research vision、Import multiple theoretical resources，Narranty into Qiu，formed a theoretical depth and readability: "The Principles of Judicial Procedure Communication" (hereinafter referred to as the name of the law "。In this monograph，The author takes the problem area of ​​the judicial system and judicial methods in the process of Chinese rule of law as the entry point.，Using Luman theory as the reference system，Try to observe each other in the European and British -American related theoretical resources，Sort out those who can anchor others、The knowledge of self -reflection。

Chen Hongjie read from Luman，The rule of law has meaning that the legal system should independently distinguish "legal/illegal"，Can't get out of the society as an environment，It is necessary to often encounter a paradox of "legal is illegal"。As Luman pointed out，Any communication of any social system is codeized (such as，Legal/illegal is a typical dual communication code).，Can't escape the paradox of self -application and self -contradiction。For the system，This paradox is irresistible，can only be hidden or transferred in a limited extent。The legal system is no exception。

Expression of this quite abstract proposition，Chen Hongjie cleverly combines the classic propositions of traditional legal genres to make a description，For example，The basic proposition of legal empiricalism "Law is the law" that is a typical set logic for self -applied (legal is legal)，But this is based on the "paradox" of hiding the "evil law"，The codeization expression of "evil law" is actually "illegal is legal"。Here，"Legal is Legal" hidden "illegal is legal"。Similarly，The core proposition "Bet365 app download illegal illegal" of the natural law school is just a communication strategy of hiding paradox with a set of logic。

Under this analysis perspective，Chen Hongjie further discuss，From Homes' pragmatism law to Luyin's realism law，From the dispute between Kylesen and Schmidt to Radbruheh、The dispute between Hart and Devin，Actually around the same problem，How to lift the paradox of "legal is illegal"。and finally transcend the form of the rule of law and the essential rule of law，It is a programmatic view of the rule of law based on the rationality of Habamas。The interesting thing is，For Chen Hongjie，This "answer" of Habermas does not seem to constitute a negation to Luman。I agree with this kind of understanding，Because Luman only indicates，The process of constantly suffering from paradox and solving paradox，is the process of legal evolution; as for what ways to solve the paradox，That is the choice of society，In this regard, Luman only maintains the perspective of the observer。

　　legal system under the perspective of communication

It is necessary to further talk about the important role of communication in the social system，and the social function positioning of legal systems under the perspective of communication。Communication is the basic element of the social system，It is the product of the selective operation of the social system itself。

The so -called social evolution，The continuous expansion process that continues to surpass the physical restrictions of blood and regions is nothing more than social communication。A communication -based social system can be specifically turned into an interactive system of "preferred"，It can also be abstracted into a whole society system that can be communicated between the absence of the absence。The existence of social differences bet365 Play online games continuously promotes the selection and differentiation at the level of the whole society，The achievements of the evolution of the late society are manifested as "functional differentiation"，Establish a number of status "equal" in the whole society、Function "Something" subsystem。For example，Politics "Decision with collective binding power"，Religion "Explanation is incomprehensible"，Science "Manufacturing New Knowledge"，Education "Training Vocational Skills"，Medical "Care Health"。Behind this functional difference，It is a subsystem of all subsystems in modern society based on the inherent "code"。This ensures that the social subsystem can focus on the specific social functions that they respect，Domination of the operating status of other subsystems，It is easy to cope with the external environment that is easy to cope with high -speed changes。

For example，The economic system is only responsible for the "reduction of shortage" in the whole society，No communication with "payment/non -payment" is not visible;，A response to understandable environmental changes through self -adjustment (such as price)。"Function Division" greatly increases social complexity，Leading the society to face conflicts between various functional logic，Members of modern society must make expectations in accordance with multiple specifications。

This requires a special system from the whole society，Selectively stabilize part of them，This is the function of modern law。It is also in the sense of stability，The law can be described as the immune system of modern society -any conflict only enters the system、Become a legal conflict (antigen)，No matter when、Where、Who，Legal specifications (antibodies) are treated as soon as possible。The bet365 Play online games legal system is exempted from infection: on the one hand，The whole society can use law to resist uncertainty，Copy the unknown future; on the other hand，The systems can respond to or exclude illegal laws，Maintenance function differentiation。

　　The mission of Chinese justice

It is the principle of differentiation and self -reproduction based on social communication，The book "The name of the law" is based、Principles of Programming for Judicial Communication，and the modern challenges faced by judicial governance，Local experience around Chinese judicial practice，Retelling the court/judicial mission in Chinese -style modern roads from a new theoretical perspective。

In the author's long -term research context，This thinking has two distinctive background features。First，When the author has a highly abstract concept and analysis framework in Luman's theory，It is always able to explain the specific cases and cases of intuitive experience，"Gu Jian Liu Pan" that continues to realize the vision between theory and practice。Although the theoretical framework and the experience materials used by the author are often "second -hand"，But this does not prevent it from being refreshing in the field of knowledge that everyone is familiar with、Explanation of explanation power。2，Many practical challenges facing the current Chinese justice，The author continues to trace back to the historical practice of the era of Shaanxi -Gansu -Ningxin.，Tire tirelessly asked everyone about the long -term disagreeable questions。For example，How to democracy，How to democracy，How to organize the tradition of "Political and Law"，etc.。Questions through these，The author tries to work hard to depict us、presents "the historical bet365 best casino games face of the people's justice"。In private，I have also asked the author with interest，As a "green pepper" teacher who has opened an academic career in a modern metropolis and has not been too big so far,，Why do you have such a strong academic interest in the era of Shaanxi -Gansu and Ningbian District, which is so far away? The author said，Because our spiritual history was laid at that time。

At the end of this book，Author's thinking based on his own thinking，The past of Chinese justice、Now and the future make a historical comments:

We need to know，Judicial practical tension is always in the bridge of communication as a communication between the national system and society.，There is always a gap between "maintaining the same sex" and "gain consensus"，Technology may be able to change everything in the external world，But the human nature is eternal。This also means，The "only meal theory" under the "blessing" of judicial power under the "blessing" of intelligence technology，Never replace the structural tension of "people's democracy"，Social dominance practice of national power machines is only to introduce the psychiatric kernels that are in contact with the rationality，It is possible to break free from the rational iron cage caused by superstition technology，Get a "don't forget the original heart、Fang has to always "historical consciousness。

Through this text，Maybe we can have some more intuitive understanding of the author's academic feelings and ideas。The last I want to say is，Under the theoretical perspective of Luman Social System，Decision is communication of the possibility of choice，Many times，It is precisely in the case of unsuccessful decision -making situation。And a desired decision is always based on the possibility Bet365 app download of desire choice。That's for this，The significance of academics is precisely in the exploration of possibilities，Let us maintain awe of possibilities，Strive to embrace China ’s better future possibilities with your own thoughts!

　(The author is the director of the Scientific Research Department of East China University of Political Science and Law、Dean of the Institute of Strategy of China、Professor)