Font Size: a A A

A Study On Non-governmental Norm Under Construction Of Rule By Law

Posted on:2006-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:J ZheFull Text:PDF
GTID:2166360182468011Subject:Law
Abstract/Summary:PDF Full Text Request
Law is not the only social regulation way, the non-governmental norm is giving play to the role of important regulation and control in social life, the construction governed by law should pay attention to the non-governmental norm's research. The non-governmental norm refers to, does not get support from state power , but based on code of ethic, behavior rules that is generally complied with by people in a certain limit. It is shown as such various forms as the folkways and customs , religious standard, code of ethic , the village rules, organizational discipline ,etc.ruling by law is a set of regular system respecting and ensuring human rights, the true essence of governed by law is the human rights. The country governed by law is not the country has law only, the society governed by law is a society where the human rights have the supreme position, no matter what kind the norm is , so long as favorable to the realization of people's human rights (right ), the country should be respected.Human rights is moral rights in essence, it does not depend on the state law to exist. The non-governmental norm is the folk form of expression that people's human rights (right) requires, it stems from the practical experience of life, responds to the demands of human rights (right). However, because the non-governmental norm is set up on the special ethical basis of each community, the human rights (right ) safeguarded by the non-governmental norms is different from the human rights (right ) based on the ethical basis of the industrial society. The relationship of Legal norm and non-governmental norm is a relationship of different views of human rights in fact.It is masses' master and creative respect to people to non-governmental norms' respect. It is a demand for relenting idea too. But respect is not the unprincipled tolerance. The moral standard of the minimum limit is the standard of choosing the non-governmental norm. We should establish the highest idea of human rights in the Legislative and judicial practice in order to deal with the non-governmental norm correctly. Launching human rights education is a effective means to dwindle the difference of various human rights (right) views. From these three respects, we can build and construct the bridge where the non-governmental norm can communicate with legal norm, thus ensure the realization of human rights...
Keywords/Search Tags:non-governmental norm, human rights, moral rights, customary rights, legal rights
PDF Full Text Request
Related items