Discussion On The System Of Economic Jurisprudence Methodology And The "People Model"

Economic law and economic jurisprudence were once treated as a revolution in Chinese legal system. As newborn things, they have walked through the doubt until now. Recent years, the researches on economic law were improved day by day and economic jurisprudence which has been systemized also has gave the important academic guidance on the constructions of some legal systems. But there are still some immaturities and systemic flaw in economic jurisprudence itself, lack of research on the research method is one of them. The theory about research methods is called methodology, it is the symbol of the maturity of a discipline, and it's more important to the economic jurisprudence who has to face much more new legal phenomenon. The article intends to begin with the attempt to construct the economic jurisprudence methodology. The attempt will walk a. line that is "jurisprudencestandpoint——basic hypothesis——people model——system of specific method ".After accomplishing the construction, the article try to make sure what is the content of four part of the methodology in the economic jurisprudence. In the writer's eye, the jurisprudence standpoint should be the "distributive justice aims to harmony" which can help us to confirm the theoretic core and the value pursuit of the economic jurisprudence; and the basic hypothesis should be the "double failure" which can set a academic frame and reference system for the economic jurisprudence; and in the aspect of the specific methods, the article emphasize the importance of the methods' systematization. Of course, the emphasis of the article is on the question of people model and its construction in the circumstance of the economic jurisprudence. The pertinent discussions arc from the notion of "model" to "people model", and from the "people model in history" to "people model in economic law". The article pays much attention to the absorption of the formerly scholars' theories when discussing, but never follow them blindly. Especially in the discussion of "people model" in economic jurisprudence, the article opposes the formerly theory that treats the "social people model" as the people model of the economic law, but think the "avail people" model should be the one.This article drowns support from the legal science, the sociology, the economics, and many disciplines' tools, and uses real diagnosis analytic method, comparing with analytic method, historical analytic method and other kinds of research technique. The article also pays high attention to the particle situation to which china and its...