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On The Modern Meanings Of Native Resource

Posted on:2005-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:M HuangFull Text:PDF
GTID:2156360125965064Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the dissertation, the author thinks that transmission of the national law, especially the transmission of native society, is often interfered for the rooted ideas in conventional law and the greatly effect in conventional law. Therefore, it is the certainly choice for us to chase the purpose of constitutionality when we study the conventional law and make good use of it. So, the dissertation from individual jurisprudence methodology systematically investigates some problems of law theory on conventional-law's connotation,distinction, raluation and the realism, inevitability, the conflict and coordination between conventional law and national law and so on, finally, and it, from the point of law of law-rule resources, argues the modern meanings that conventional law is as the core of law-rule resources, argues the modern meanings that conventional law as the core of law-rule native resources. The dissertation consists of five chapters, in all 40,000 words. Chapter â…  is the connotation of conventional law. Chapter â…¡ is the distinction and valuation of conventional law. Chapter â…¢ is the social base analysis of existencece of conventional law. Chapter â…£ is the conflict between conventional law and national law. Chapter â…¤ is the â…¡valuation of native resources and the modern meanings of conventional law. The core idea of each chapter is as follows:The first chapter evaluates individualism jurisprudence methodology first of all, though which rereads the connotation of conventional law. It thanks conventional law is been being nationally by the folk social groups and teams after long producing and living, which embodies the willing and benefit of the folk social groups and teams and appoints for its resolving system of rights,duty and conflict, including the general action standard that recognized material and spiritual strength ensures its implement. The standard's extention includes producing conventional law, living conventional law, commercial conventional law, ethnic conventional law, religious conventional law, and etc. .At last, it analysises the conventional law and other some social standard (including social convention-standard, national law, common law and so on).The second chapter investigates the distinction and valuation of conventional law. The chapter includes the main distinction of conventional law, that is "localism", "stabilizationalism", "expressional from diversity", "the attachment of status and divinities","particularity of settling a dispute" and "imperfection of legal institutions", etc; The valuation of conventional law intentively expresses the short supply for making up of national law and perfection of improving national law.The third chapter strongly argues the modern realism and inevitability of conventional law and contemporary developing situation though analysising the contemporary folk social structure and the general path of contemporary folk social vicissitudes in perspective.The fourth chapter all-around and detailedly discusses the objectivity of the conflict between conventional law and national law and its expressional from and then discusses the contemporary fate of conventional law of our country.The last chapter, in the language circumstances of government by law, presents the setting method of the conflict of conventional law and national law. In the end, it argues conventional law's modern meanings in building the rule by law, as its being the core of law-rule native resources.The twinkle light of the dissertation is using the individual jurisprudence methodology as its instruction. Basing it on, it synthetically uses the comparative method, the deductive method, the inductive method, the systematic method, etc, and basing on predecessor's accomplishment of research, it overall investigates conventional law. A second time, the dissertation discusses the essential sources and motivation that conventional produces an effect on, and fills the gaps in the present academic circles on the problem; A...
Keywords/Search Tags:conventional law, jurisprudence thinking, native resource, modern meaning
PDF Full Text Request
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