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On The Limitations Of Law

Posted on:2001-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:S J FeiFull Text:PDF
GTID:2156360002452842Subject:Marxist philosophy
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Research on the Limitations of law has been existing for more than 2000 years in the human history. All those Whether he approves of rule of law or rule of human have found out and put forward the thought of the limitation of law, Based on the prodecessors' research,all-round and concrete analysis on the main theoretical problems of the limitation oC law are raised by way of comparative anglysis law and historic investigation law in the article in order to offer refferences to the legal construction in our country.The practice of lagislation and justice reveals of its limitations. There also exists certain limitations in the range, patter and effect when I.aw takes effect on the social life, Law can' t completely reach its purpose and also can' I. take great effect from the process of its being made to its being carried out because of the reasons of itself and some other object facts.So.we can say there exists limitations in law, especially true lawThe writer believes that the limitations of the law mainly refers to the malpractice and maladies in the process of being made and carried out, which is caused by legislators the attribute of law itself and other facts related. from the essential aspect, we can see that the limitations of law shows that people are disable to the soicety and it' s also thc forms of expression of people's limitation of recognition.Since limitations of law exists objectively, the theoretical problems which attracted the people's attention and be understood are what the forms of expreooion are and what is the cause of the limitation of law. First, legislation, namel'y law' s being made is a kind of activity in which legislators set up rights and obligations for people in order to allocate various benefits , the premise condition is that the legislators must get a clear recognition of the various benefit relations in the reality, Because people' s recognition is restricted by the object medium and subject itself of recognition, Law can' t escape revealing of its not being true and overall. seconlly, law is a kind of affirmative, explicit and universal regulation, which is the requirement that law is law. All the reasons of law itself make the law sticky, unclear and the structure of the forms of law become rigid.At last, in essence, the process of law movement is that of making use of the fuction of law the funition of matters always reflects a certain requirement of value, the furction of law aims at bring about. its own value. If the law can' t reach i,ts fixed aims, and can' t meet with the social3reqiurement, then we can say that there exists liiuititations in the function of the law.Like the function of other mathers, the limitations of law is caccseel by the quality of the factors.quantity and structure system of itself:mamly,the limitation of the function of laws behaviour regulation, social orgnizat ion and social rule including the limitation of the law' s adjustment range, etc.Restricted by the human's ablity to recognize, the attribute of law itself and other facts, limitations can't be avoided in law,but law is still a kind of beneficial tool and good measure to adjust the society before the more effective and useful measure is found out. The purpose of the research on the limitations of law is to put it right, in the human history, the thought to rectify the oimitations of law includes discretionism strict prescreption and the principle of combining discrectionism with strict prescriptionism. ln fact, to combi.ne discretion with strict prescription is the historic experence to rectify the limitations of law. So, in the life of law, the reasonable operating to combine discretion with strict prescription is the key to correcting the limitation of law.In the writer's opinion, the reasonable operating to combine discretion with strict prescription must be carried out through the outside and inside aspeccts of law. In the outside correcting of law, the law's relations with morality, policy and other models of adjustment must be well handled. To take me...
Keywords/Search Tags:the limitations of law, strict prescriptionism, discrectionism, legal discrection
PDF Full Text Request
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