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A Study Of The Rule Of Law And Its Role In The Construction Of The Rule Of Law

Posted on:2013-11-02Degree:DoctorType:Dissertation
Country:ChinaCandidate:X YangFull Text:PDF
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Judging from the commentaries, law comment through the media have been fairly common. On one hand, commentaries on legality attach great importance to discuss the various news events and social issues from the perspective of law comment; on the other hand, law comment in the media increases on the quantity, and this number reaches to a third of the total in some media comments. In short, law comment have intervened to all levels of law idea, systematic and cultural construction of legal system. In his book Facts between Norms-on Legal and Democratic Rule of Law Discourse Theory, Habermas mentioned what democratic dialogue means for law comment. He thinks the relationship between the public domain and a country under the rule of law is an important theoretical project; it involves two aspects:first, the interrelation between internal parts of the public domain; the other is authorization of the public domain. Accordingly, this paper focuses on the second aspect, namely emphasis on the role which law comment plays in the construction of legal system. This study theoretically acknowledges the relationship between the public domain ruled by law and the construction of legal system; and will also offer commentaries on legality attention and introspection from a theoretical dimension.The first chapter is introduction. law comment refer to critique articles related to legal system (idea, system, culture), and achievement of which includes two categories:one is researches focus on comments, mainly comment the political function, especially for comment on the construction of the public domain and its function research; The second is the relationship between the media and the rule of law, both the media and legislation, the relationship between the media and judicature. Especially the latter is the hot spot in the research field of journalism. But it is very scarce for researches on which the role of law comment plays in the construction of country run by the rule of law. Law comment is an important part of the media, its function and features make it the one of the main strength in the construction of country run by the rule of law. The relationship between law comment and the construction of country run by the rule of law is theoretically supported by the big five theoretical resources mainly from civil society, the legitimacy of law, the supervision of the public opinion, public acknowledgement of law and discourse democracy. As for research methods, three thousand articles about law comment during2006-2010years from the "People’s Daily","the Beijing news","legal daily"-three representative copies in the area of the newspaper-are used as the research sample in this paper. Meanwhile, the field surveys and researches on the production process of law comment, and the interviews and dialogues with related participants were utilized. This paper tries to prove its argumentation that law comment plays the pushing role in the construction of the rule of law. To illustrate this conclusion, analysis in this paper and the writing logic beginning from the second chapter to the other chapters are:the media plays an important role in the construction of the rule of law; general analysis on law comment, puts forward comment is one of the main strength in which the media participate in the construction of the rule of law; The function of law comment in legislation is to startup the legislation agenda and debate for the acts; Law comment supervises justice in judicial procedure and substantive justice.The second chapter is the media in China’s construction of the rule of law. The media has a close tie to legal system construction, which mainly lies in its significant impact on the process of legislation and judicature. It influences and the benefit expression and the benefit measurement, in order to achieve goal of the democratization in the legislation; The supervision function of the media in judicature ensures press freedom and judicial independence as double value needed in modern democratic society, which is quarantined through legality of the relationship between them.The third chapter illustrates law comment and its role in construction of the rule of law. The role-playing of law comment in construction of the rule law can’t be disconnected with the background of "great change" in comment’s function, so law comment has abundant functions for sharing the function and features of comments. Internal commentators and editors of the media and external commenters of law comment comprise the main body of law comment. Their understandings and interpretations to law comment have significant influence on the development and the functioning of law comment. Discussion about production mechanism of law comment shows that law comment is representative of the position the media holds in terms of the rule of law, in this way that the media influence rule of law events and its function. The basic condition of law comment is the external factors for its functioning. Furthermore, the media takes part in the construction of the rule of law in the form of law comment which is one of the main strength. The role of the law comment in the construction of the rule of law is an important mobilizer and promoter.The fourth chapter is the role of law comment in lawmaking. Firstly, law comments in legislation are to startup the legislative agenda, and causes the media agenda turn out to be the legislation agenda, holding that the public legislation appeals are formally accepted as procedure in institutionalization through law comment as its main content in the process of legislation project and proposition, which makes "seeking needs from the public" in lawmaking process. Secondly, law comments participate in the debate on bill, and its content including that law comments start up debate on bill in the process of bill-writing and lawmaking seeking for the public advice, which makes up the inadequate debate in the formal lawmaking system and achieves the phase of "seeking advice from the public".The fifth chapter is the role of law comment injustice. Law comments supervise the judicial procedures and results, namely the supervision of procedure justice and entity justice in the judicial process. To supervise the procedure justice is to make sure the effective implementation of relevant principles and regulations at the different stages of judicial procedure.In addition, market-orientated media brings about changes to law comment in supervising the judicial entity. Its supervision mainly by having voice on substantive problem of the cases through legal debate of law comment in trial. Law comment is very effective to an individual judicial case in supervising at the stage of procedure, and it can make up injustice in some cases. In short, it is remedial, not routine, in terms of supervision in judiciary. It is positive to the achievement of justice in an individual judicial case and the improvement of judicial system.In the conclusion part, development trend of law comment is prospected. Hope the role of law comment will be strengthened in the construction of legal system. This paper aims to impel the better role-playing of law comment through putting forward vigorous development of public spirit of societal public, and perfecting institutional construction of relationship between legislation, judiciary and the media, and strengthening personnel training for law comment.
Keywords/Search Tags:law comment, media, legal system building
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