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Legal Culture-identity

Posted on:2004-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:X BaiFull Text:PDF
GTID:2156360122470077Subject:Law
Abstract/Summary:PDF Full Text Request
"Culture-identity" is an important concept widely used in the field of culturology. "Legal culture" is a new branch emerging in China during 1980s. As a new branch, Legal culture has much room for improvement and enrichment in the aspect of various specific research methods and angles of view. The introduction of "culture- identity" which is a specific research emthod or an angle of view is of independent theoretical significance. Concerning the current significance of "legal culture-identity", the author holds:1,Legal culture-identity can help people form identical knowledge of the legal requirement about people with an objective standard about the evaluation of legal system.2,Legal culture-identity can help people continually conscientiously regulate the behavior of the self so as to develop the adaptability to the new legal system. It also can help legislators continually revise and improve the legal system in line with the situation of legal effectiveness and it can help law executors correctly apply the law and the right of discretion. It is an effective buffer of the conflict of legal interest.3,Legal culture can continually improve people's legal psychology in the field of culture and ideology. It can renew people's legal views and form the legal ideological system of the national characteristics.4,Legal culture-identity is not only the outcome of collision and mingling between mass culture and elite culture but also the tie of connection and mutual trust of two kinds of culture tides.5,The open legal culture-identity is an effective means of talk between traditional Chinese civilization and modern civilization. It forcefully promotes the whole social and cultural transition. Owing to the fact that there is little research about the legal culture-identity in the field of juristic theory in the Chinese mainland. This thesis is apioneering and trial exploration of the said problem. The author systematically analyses and proves the legal culture-identity from such aspects as concept, structural arrangement, social practical signficance, social influence factor and the way of realization. It again analyses and combs the development of Chinese legal culture with the help of cognitive means of "legal culture-identity".
Keywords/Search Tags:culture-identity, legal culture, legal culture-identity
PDF Full Text Request
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