Action In France

Through case study on the ordering in a university (which is classified as a danwei, or a workplace), this paper puts emphasis upon discussing the methods of order construction of the members of the danwei in China city. In the process of forming and executing the order of the danwei, the action of the members to construct the order displays the characteristics of initiative and creativity. This case study would try to explain the dilemma existing in the process of enforcement the law during the modernization of law in China.The theory of"law in action"and legal pluralism provides a framework to explain the inner order of the danwei as a fundamental part of the rule of law. This paper views the order in the danwei as law. The members of the danwei hold a meeting to discuss and debate the rules that need to be agreed to constitute rules. In the process of discussion and debate, they deploy mutual verbal action. If the enunciated opinions of the members want to be recognized by the other participants in order to obtain validity, they would take different strategies, such as invoking public policy, state regulations or superior documentary provision, consulting with the practice of others university, enumerating convention, emphasizing the practical situation, etc. During the discussion and debate process, those strategies will deploy to compete, compromise, bargain, and then they will ultimately confirm the rules that describe how to take appropriate action.After the Rules enacted, the action of members of the danwei will not simply be constricted by the rules in life word. They are able to creatively apply the rules in the concrete circumstances, and to implement the reproduction of the rules. And then the rules are created constantly in accordance with concrete space/time condition and variant scene when they take action. In the process of handling affairs with document, the procedure of document requires one affair one reporting, one affair one discussion, even if the rules are extraordinarily definite and can also direct the present action. In document process many participators take part in the variant stage to deal with the affairs according to their knowledge, information and resources. They will form a sort of temporary operation structure in this process. They express their opinion and negotiate and communicate with each other to judge the established rules whether or not correspond with the present case and circumstances, and then decide how to action. So the action schemes combine some new elements with different actors creative wisdom. That is to say they develop the established rules and create new rules. In the ritual inspection mechanism, through watching or hearing personally on...