Legal Efficacy Analysis

Being one of the basic theories of jurisprudence, legal efficacy focuses on the actual legal effects or the substantial legal results of the legal operating procedure. In pursuit of legal efficacy should be one of the basic value judgments in any society ruled by law, which emphasizes the very important practical significance of the issue of legal efficacy today when our country is striving for the construction of a socialistic country ruled by law. Based on a great variety of delimitations of legal efficacy in literature, this present thesis is supposed to elaborate in great detail on legal efficacy through logical reasoning and positive analysis, thereby to describe the basic problems of legal efficacy in an all-round way, comment on its status quo in China, and seek the ways to improve it. The thesis is composed of five parts.Part One educes the issue of legal efficacy through some examples reported by media. This part indicates that we cannot depart from investigation of legal efficacy if we want to grasp the status of law operation and the course of rule of law in current China.Part Two attempts to explore the basic theories of legal efficacy. This part dissertates the definition and characters of legal efficacy, the comparison of related concepts such as legal efficacy and legal effect, legal enforcement and legal outcome, and the far-reaching significance of studying legal efficacy.Part Three researches on the status of legal efficacy in today's China mainly through positive analysis. First the thesis discusses the estimation criterion of legalefficacy, pointing out that legal efficacy could be estimated by macro-criterion and micro-criterion and at the same time indicating the measure scale when estimating legal efficacy. Then this part judges the status quo of legal efficacy through macro-criterion and micro-criterion by analyzing a great deal of examples and authoritative data. Finally it emphasizes that lack of legal efficacy will result in crisis on the course of rule of law of China if the status quo cannot be improved.Part Four analyzes the factors that affect current legal efficacy combined with practice. The thesis points out that many factors can influence legal efficacy. Besides the law itself, legal efficacy is affected by politics, economy, culture, and so on. In the following part this thesis discusses in detail the main factors such as social environment, benefit, custom and main body, and finally indicates that the joint influences of all factors lead to the current status quo of legal efficacy.Part Five probes into the ways that could improve the legal efficacy in current China. The thesis unambiguously brings out the author's opinions: the first is to build up the authority of law, including improving the actual effect of constitution, strengthening the management of civil servants, persevering in cultivating the citizens' conception of rule of law, enhancing the validity of punishment, and. so on. The second is to deal with the relationship between national law and folk law rightly, pointing out that regulation should be established and system innovation is needed. The third is to establish all-around legal supervision, which should include validity of action and actual effect of result.