On Loss Of Law

It's quite necessary to study Motion of Law in a broader sense and on its social groundwork.â… .Microcosmic Analysis on Motion of LawThe system of law doesn't mean the fact of law.In most cases,the actual motion of law was set up by departure from the system of law.Under established law,when there is a problem of law,the actual result of resolving the problem is always departure from the systematic prescription.Homles said,two bad guys always forecast the judgement of judge,Black said that actual motion of law is always departure from the systematic prescription.Through the observation on the operation of law,we can find that under different social levels,there is different on the quantity of up-going law and down-going law,under the slogan of all are equal,but reality is criminal law not applying to senior officials;back up by government enforcement,it become universal to settle down problem by private resources.In civil law and criminal law,private resources become more and more important;and contradiction between tradition of minority and country's law,but national law cannot provide effective resolution for this problem.Besides, reconciliation is most important after war or convulsion,in order to keep peace of the society and to minimize loss in the society,people have to make peace or forgive most of the accessory criminals who should be punished,to avoid the strong confrontation and greater loss of societyWe also found large quantity loss of law during the observation on lawmaking,law executing,law abiding and judicatory.â…¡.Loss of Law in OperationIn a word,during the operation of law,the formal law will be made through suggestion and established process,the purpose and principle of making the law is different from detailed law and rules,as well as the law made by other subjects.The law prescriptive law is different from the law referenced by judge and the law reflected by the result of judgement,and the law in the "law of regulating government" is different from the nation law, the prescription of law is different from the activity of abiding the law,so there is great difference between the actual operation of law and the what the law should be as prescribed by social system and real idea of legislator.The gap was lost during the motion of law.Simply speaking,there are large quantity of loss during circulation for every stage from evaluative social foundation to factual social foundation, and then to factual operation of law,i.e.legislation,implementation, judicature and law abeyance by citizens.And the reason is a comparison made between benefit shown by law and strength relied on.This phenomenon shall draw attention from people.â…¢.Cause for loss of lawThere are large quantity of loss during circulation for every stage from general to abstract foundation,to factual foundation,and then to the actual motions including legislation,implementation,judicature and law abeyance by citizens.There are many things can cause the loss of law.First,is the result of confrontation.Even if the parties in economic conflict can get fair arbitration according to the law,one or both two parties legal rights were damaged in following aspects:one,if two parties fall into lawsuit,they may cost more and loss more chances.Two,the cost of government spent on keeping the implementation of law.Government set up police station,court to fight against criminals and keep the fairness of society.If there is lack input in this system,this would cause the low efficient or inefficient work by this system, and finally result in the large quantity loss of law.Three,lack of cross level supervision,too long chain of consigning.Consigning would inevitably cause conversing choice and morality risk.Chinese people consign the power to people's congress of China,and which consign the power to local government, and local government at different levels consign the power of implementing details to government officials,it is the consigning of agent to other agents at different levels.People consign the power to someone they don't really know, and after the consigning,they fail to supervise the implementation of power. In addition,the causes of loss of law can be explained by interest group theory,government malfunction theory,and the theory on the form and content of law.