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"Political-law" Research

Posted on:2013-11-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:D Q DengFull Text:PDF
GTID:1226330452463433Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Along with tens of years of modernization and during the course of collision andamalgamation of Chinese tradition of ancient law and discipline rite and westerntradition of rule of law, Chinese law has generated its own modern tradition, in whicha dimension of importance in terms of Politics&Law was contained. In the hope offinding a new approach contributing to the Chinese judicial construction, theevolutional process of practice of Politics&Law was illustrated across theappearance in this thesis by interpreting the significance of Politics–Law andinvestigating the relevant issues. Politics-Law is a dimension of much importance inChinese modern legal tradition. As the result of vicissitudes of social system andsocial structure, a semantic alteration from Law-Politics to Politics-Law is happeningin this course. The transition of Politics-Law culture had undergone five phases, inwhich modernization, ontology and methodology of Politics-Law are the triple keydimensions to comprehend the relevant issues of Politics-Law.Actually,the law has universality,at the same time,it is also a kind of localknowledge.The law system is so different in every region because of the differenthistorical culture,social construntion and national nature.Research on Politics&Lawissue are the effective way to build the legal system.Combining the theory withpractice and putting the fundamental theory on the guiding role are the basic researchmethod of article.First,describing the current situation and explaining the background ofPolitical-Law issues,is a scientific research status of detailed and comprehensiveunderstanding, on this basis, using the method of Archaeology of knowledge,‘political-law’the causes and meanings in different contexts for Archaeology andmining, finally it will be as control the judicial operation of tradition and Chinesetraditional and the western legal tradition of ‘rule of law’, so as to reveal it is a topicof importance and its basic research scope.Secondly, with the politician, thinker,revolutionary figures such as object, from the scattered people thought, through the literature search, try to find out in the period of historical transformation, politicalthinking initiation and development path, in the country and the national destinycritical juncture, the impact of various ideologies, social movements as well as theimpact of complex factors, in multiple lines, multiple trajectories of ideology frommodernity, nationality, revolutionary, methodological aspects of political ideas frominitiation to the mature development change.Once again, with important years andevents as the turning point, on the political culture at all stages of developmentundertakes combing, inspection of political science and law culture in differentperiods of the different characteristics from the early culture of rites, the inertia of thepowerful political and cultural development, to rise, last in the modern era and thewestern law culture while the contested relationship development sequence.Then,political system and cultural development can be considered to be a higher level, theestablishment of the completed structure system, in which the selection of typicalcentral committee system to study, from the historical origin, structure and function ofanalysis and to the Commission of politics and law system, in order to "and"theoretical analysis, from the system aspect of the culture of politics and law theevolution of.Finally, combined with the background of political science and law,political thought, political culture and political system, finally put forward therelevant category of political science and law.And the law as one of the importantresearch paradigm, guiding the socialist practice of the rule of law.According to the"law" meaning explanation and related field mining, from behind the appearance,combing the evolution process and Practice for the construction of China’s legalsystem, tries to explore a new path.
Keywords/Search Tags:Modernizatio, Politics–Law, Power, Practical Rationality
PDF Full Text Request
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