Study On The Forming Mechanism Of System From The Differences Between The Social Adaptive Faculties Of The Statute Laws And The Case-laws

There are two kinds of thought about the formation mechanism of system; they are respectively the constructive rationalism and the evolving rationalism. And these two kinds of thought are corresponding to the two routes of the forming mechanism of system, namely the social overall project and the spontaneous order. With the respective guidance of these two thoughts, there are the statute laws and the case-laws. They have the differences respectively in the social adaptive faculties, and also have the good and bad points respectively; at the same time, the statute laws and the case-laws have the tendency which fuses mutually since the 20th century. But the traditional respective forming mechanisms of system cannot fully explain this phenomenon.This thesis is based on the former study of the constructive rationalism and the evolving rationalism, attempts to study the relations between these two rationalisms, and to study the real forming mechanism of system, and to study the basic reasons of these differences between these two rationalisms, and to explain the differences of the social adaptive faculties. This thesis also attempts to come up with the proposal to our country administration's rule of law.