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Political Civilization And Socialization Of Legal Services

Posted on:2005-12-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Y WangFull Text:PDF
GTID:1116360125450967Subject:Legal theory
Abstract/Summary:PDF Full Text Request
High-efficient, corrupt-free and fair legal services are the integrated part of the rule of law. How to promote legal services in China? This paper brings forth the construction of social work of law as a discipline based upon the practice of China and other countries in the fields of criminal justice and civil law, analyses legal services in China, and concludes that the development of legal services in China lie in socialization of legal services. This paper thinks that socialization of legal services can meet the need of the construction of the rule of law, and the construction of socialist political civilization.There are eight chapters of this paper.The fist chapter focuses on the relationship between social work of law and socialist political civilization. It starts with the general issues of political civilization, and then argues that social work of law is a manifestation of the rule by virtue and the rule of law, furthermore, social work of law has great positive impact on political civilization.The second chapter explores the practice of social work of law under the context of history of social work and extrapolate the viability of social work of law as a formal discipline.The third chapter explores the value system of social work of law. It holds that humanism and communitarianism are two key value bases for social work of law. From the perspective of humanism, humanism determines the value orientation, principles, methodology, direction, goals of social work of law and roles social worker of law. From the perspective of communitarinism, this paper holds that community correction in Shanghai, Beijing and others is influenced by the philosophy of communitarianism. Communitarinism is the base of philosophy of socialization of legal services. Socialization of legal services focuses social value of legal services or social-centered services. Socialization of legal services includes neutralization of legal service agents, more types of legal services, comprehensive mechanism of legal services and community-centered value of legal services. This paper proposes that socialization of legal services can reduce the cost of the rule of law, increase the efficacy of the rule of law, reshape the harmonious relationship between the state and society, promote the regression of human being to society which laid down on the well-being of social life, put forward the reform and transformation of the state organs, and lead to the rule of law.The fourth chapter is about the methods of social work of law. One aspect of characteristics of the methods is that it harbors humane and professionalism so that it can overcome pitfalls of bureaucracy. The paper explores the pitfalls of bureaucracy in the macro perspective that de-humanization poses grave negative impact on social life, while bureaucracy indeed increases efficiency of production in modern society. As a type of bureaucracy, the judicial system is so rational that the humane feelings are greatly challenged. As a part of judicial system, the jury made up of ordinary persons can partly bridge the gap between the ration and the feelings, professionalism and ordinary knowledge. However, the law is so rational that it can hardly adapt to ordinary life easily. To combat crime, domestic violence and other social problems, rational law is not the only cure.Social work of law, as a discipline of social science and art, can provide a cure for overcoming the predicament. Social work of law can provide legal and social services to various persons under the principles of humanism in order to adjust social relationship, pacify social conflicts and promote social integration. In the process of professionalism of social work of law, the are three principal methods of social work of law, that is case social work of law, group social work of law and community social work of law. These methods can meet dual needs by professionalism and humanization.The fifth and sixth chapter explore the application of social work of law to the filed of criminal justice and civil law...
Keywords/Search Tags:Socialization
PDF Full Text Request
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