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Research On The Phenomenon Of "Knowledge Gap" In Law Communication

Posted on:2017-05-31Degree:DoctorType:Dissertation
Country:ChinaCandidate:H W HanFull Text:PDF
GTID:1226330485961052Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As an objective reality, the phenomenon of "knowledge gap" in the law communication refers to the phenomenon between different audiences or communicators and audiences based on legal knowledge to master different degrees by the formation of a "knowledge gap". How law works, what effects will be produced in the operation, and how to deal with these effects, the "knowledge gap" theory in communication provides a new perspective to study this problem. There are a lot of phenomenon of knowledge gap in the legal text, legal practice and legal effect. We can find that there are two aspects of the phenomenon of law "knowledge gap" phenomenon through the carding of these phenomena.There are three main reasons for the formation of "knowledge gap" phenomenon in the law communication. Driven by social stratification, the needs of individual interest and motivation of individual choice, and the restriction of characteristics of legal language. From the effect of the formation of law "knowledge gap" phenomenon, the driven of social stratification is the main reason, which plays a crucial role in the formation of law "knowledge gap", it is the internal cause; and individual interest and motivation, and legal language of phenomenon, although, there are also certain effect. And they belong to the external cause."Knowledge gap" phenomenon in the law communication will produce two different effects:positive effect and negative effect. Positive effects include three aspects, to strengthen the allocation of state power, promote the construction of the legal professional community, to promote transformation of the law communication, and positive effect should play an active role in promoting the construction of the rule of law; negative effect also includes three aspects, which causes the law crisis of confidence, bring law interaction barrier, and cause "self overstating" of the strong side of the law and "self dwarf" the weak side of the law, it plays a negative role in promoting the construction of the rule of law.For the positive effects of the "knowledge gap" phenomenon in the law communication, we should enhance them as far as possible through speeding up the construction of legal professionalization, advocating communication concept of respecting human by the law. For the negative effects of the "knowledge gap" phenomenon in the law communication, we should take effective methods to reduce them. It includes three concrete methods, to provide legal aid to the weak, establish the legal information disclosure system, and strengthen the readability of legal language communication. Through scientific and effective way, to reshape the trust in the law and restore the law interaction, at the same time of continuous reduction of the law "knowledge gap", to promote the construction of the rule of law.
Keywords/Search Tags:law communication, knowledge gap, trust, power, knowledge asymmetry
PDF Full Text Request
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