Font Size: a A A

State Law Effectiveness Research

Posted on:2007-10-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Q WangFull Text:PDF
GTID:1116360182491371Subject:Legal theory
Abstract/Summary:PDF Full Text Request
we can say that the construction of chinese rural law is an important part ofsocialist law country. In fact, ruling by law also means ruling byregulations .Therefore, describing efficacy of constitutional law in village couldreflect the efficacy of chinese rural law. This passage breaks a traditional difficultposition and strives for substantial results of law. it also develops existent frameworkof efficacy of law and forms a model. Moreover, it synthetically uses the method ofsociology and statistics to deeply and systematically describe the efficacy of chineserural law.While explaining the situation of this efficacy, it puts forwards someconstructive suggestions to some extent.This passage has seven sections. Introduction of it mainly draws the researchfield of the problem. It centers on the analysis of one case which happened in Xinminvillage and reveals the efficacy of rural law with the narrative way of"process---event". It not only makes a preliminary access to the key problem, but alsoprovides leads for systematically studying the efficacy of constitutional law in widerspace.Through proving the chain that the rural law is to Chinese law what ruling byregulations is to the rural law, it reaches a conclusion that it is necessary to researchthe efficacy of Chinese rural law. At the same time, it advances the key question: howis the situation of the efficacy of Chinese rural law?The first chapter is the preparing section for research theory. Firstly it sets a limitto the dimension of the efficacy of law. Then it points to research difficulties and theways to get over them. Secondly it advances a theoretic mode of the efficacy of lawon the basis of Geiger.Theory. But whether the mode is effective or not, it will bemeasured by the Authorization standard and Obligation standard with criterion as thesame as possible. Lastly it divides the efficacy of law into two types which is primaryefficacy and secondary efficacy, and distinguishes the two types in details in order totake all the possible situations into consideration.The second chapter is the beginning section of developing study in depth. Itmakes a macro-description of the overall efficacy of Chinese constitutional law invillage, which is reflected by data. As a result, we get to know that the constitutionallaw loses its efficacy in villages to some extent. However, this passage insists the ideathat we should not simply ascribe the problem to deficiency in infiltration of the statepower. Then it describes and analyses the differences of the actual effect betweendifferent legal types. Lastly it describes with the method of One-way Anove theprimary efficacy of law, which is affected by many factors, such as gender, age,income, occupation, culture level and region.The third, fourth and fifth chapter are the main sections of describing deeply theefficacy of constitutional law and the actual effect in villages from micro-angle, suchas primary public law, primary private law and secondary efficacy.The third chapter focuses on the analysis of primary efficacy of different types,such as self-government of village people, election, administration of government,criminal cases and so on. Basing on the contrast between investigation data ofseventeen villages and Xinmin village , it goes on making a deep study about someproblems existed in them and advances some constructive suggestions to develop andimprove the situation.The fourth chapter lays special emphasis on describing primary efficacy ofprivate legal type. It systematically describes the efficacy of law about marriage andfamily, creditor and debt, and land. Then it gives the explanation of it to some extent.From the analysis of the third and fourth chapters ,we get to know that the efficacy ofprimary public law is not as good as primary private law.The fifth chapter centers on the secondary efficacy of the constitutional law.Having chosen some cases about relationship of marriage and family, neighbour,contract, with government, and some disputes of land, loan, property and criminalcases.The last section is conclusion. it mainly sums up and cards the train of thoughtsand the propositional system of the whole passage. Moreover it makes a preliminaryanalysis of the reason and method of improving and promoting the efficacy ofconstitutional law in villages, aiming at reflecting on the construction of Chinese legalmode and embracing to creatively establish the one of our own.
Keywords/Search Tags:efficacy of law, primary efficacy, secondary efficacy
PDF Full Text Request
Related items