"China Social Sciences" Meng Qinguo, published on February 12, 2014、Huang Ying's "Promoting the Imperfection of the current Law: the Fundamental Mission of Law Research" (hereinafter referred to as "Meng Wen")，A very insightful analysis of the diversity of legislative suggestions，I am quite inspiring after reading。but，The prerequisite for Chinese legal research in the text、Objects and positioning arguments，I can't agree with。If Meng Wen said，Chinese Contemporary Law is likely to take the old road of "law learning" in ancient China。

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Meng Wen believes: "The inadequate study of the current law is the prerequisite and foundation of legal criticism。... but，The shortcomings of the current law are only the staged tasks of legal research。Law research is not criticized for criticism，The continuous progress of pursuing the law is the fundamental purpose of legal research。Therefore，Promote the improvement of the current law on the basis of discovering the current lack of law，is the fundamental task of legal research。"" In terms of academics，This view is worth scrutiny。

bet365 live casino games In terms of the general nature of academic research，Seeking truth is the fundamental to academic and research，The premise of seeking the truth is doubt。Mr. Yu Guangyuan once said: "Suspect everything 'is the motto of the scholar，Scholars refuse to belief。"Academic can not have a premise，Truth is not the son of power。Law research is no exception。

The fundamental task of Chinese legal research should be to promote the realization of the rule of law。For contemporary China，The rule of law is a goal，Is a task，Is part of the Chinese Dream。What is the key to achieving the rule of law? Of course, the reform and improvement of the basic system，Not the update and improvement of legal rules。Where，Especially with the government of establishing scientific democracy as the key。Because，Government is a system regulations on the governance of a state，It mainly includes how to generate power，How to compose and allocate power，How to run power。Different politics will inevitably produce different "choices" and "decision": national power reflects the will of most people、Power is in the hands of most people，Still power reflects the will of a few people or even personal、Power controls in a few or even personal hands。In political and legal life，Political decisions with actual value and role and reflect the nature bet365 live casino games of the state，Determination of rights to govern power and reflect the nature of the regime。From the above facts and analysis, you can get a conclusion: the key to realizing the rule of law is the government and basic system。Only seeking truth from facts、Scientifically analyzed and treated the current administrative body and basic system，can we truly realize the rule of law。

　　Legal research cannot be used in the current law

Meng Wen believes: "Law research object is current law，The task of legal research is to propose to improve the current legal countermeasures on the basis of studying the current laws of law。This is related to the direction of Chinese legal research。"" adapt to this object and positioning，Legislative suggestions are the main ways of legal research。I think，This argument reduces the position of Chinese law，Weakened the value of Chinese law。

First，Meng Wen's point of view makes the law of law research too narrow。The current law of the country is an important content of the object of legal research，but not all content; laws of ancient and modern Chinese and foreign、Legal theory should be included in the object of legal research，This is a due structure of a health law system。Laws include applied law、theoretical law, etc.。Applied law should study the current law of the country，But Bet365 app download at the same time, we also need to study overseas laws。Theoretical law should care about the current law of the country，But mainly studying the theoretical and law of various laws。If the object of legal research is limited to the current law of the country，We will lose the foundation and opportunity of dialogue and communication with world law。

Next，Meng Wen's point of view significantly reduces the level of legal research objects。Chinese Law as a long history and status of the country，It should be followed by the trend of world law，Study the world's advanced law。There are many their own characteristics of the current laws in China，Legal research cannot copy and imitate Western law，Legal research cannot copy and imitate Western law。The fundamental purpose of Chinese legal research is to improve the Chinese legal system，But the way to achieve this goal is not simple、mechanically lock the research object on the current law of the country，and should be collected together、The Road to Obtain Essence。

again，Meng Wen's point of view will largely lose the real connotation to a large extent。"Law" is essentially a "learning"，instead of simply explaining and research on the current law of the country。If the research object is limited to the current law of the country，It will inevitably cause the law of law to lose the character of "learning"Bet365 lotto review 。In fact，This phenomenon has seriously affected the progress of Chinese law。In many textbooks、In the classroom of many law schools，Civil Law Students have become Chinese civil law，Criminal Law has become Chinese criminal law，Litigation Law has become the Chinese Litigation Law ... This phenomenon should attract enough attention and correction。

　Lessons of "Law Studies"

As described above，Meng Wen's prerequisite for Chinese legal research、Objects and positioning are incomplete、Uncle，If you practice according to Meng Wen's point of view，Chinese Law is likely to be reduced to ancient Chinese "Law Studies"。

Law is the main expression of law from ancient Chinese to the Qing Dynasty，It has two most basic、The most significant feature。First, with official consciousness、System is guidance and premise。Starting from the Han Dynasty，Confucianism becomes official thought，Studies become official learning，Law learning is based on the law、To interpret the law。Confucianism and its system is the theoretical basis and premise of law。Law scholars must first be a scientist。Famous lawmists in the Han Dynasty such as Dong Zhongshu、Uncle Sun Tong、Gongsun Hong、Xu Shen、So、Zheng Xuan、He Xiu、Ying Ye, etc. are all famous masters of classics。So，There is no independent Bet365 lotto review character and status of law，It is only a vassal of official science and system。

The second is based on the current law of this dynasty。Han Dynasty lawyers take Han law as the object，Jin Dynasty lawmists take the Law of Thailand as the object，Tang Dynasty lawyers take the "Tang Law Shu" as the object ... and，Although lawyers also have some discussion and interpretation of the general principles of the law，But it is more mainly the training and annotation of the current law。So，The research object of law learning is clear and narrow，Research's interest is practical but metaphysical。These features make it an unopened law、Deformal Law，Make the legal science from Han to the Qing Dynasty never real prosperity，thus seriously affecting the process of ancient Chinese legal civilization。The sorrow of this kind of law、Law doom，Basically caused by the political and legal ecology at the time，We should avoid the reappearance of law。

(Author Unit: Wang Jian Law College of Suzhou University)