On Position Of Legal Policy In The System Of Legal Philosophy

Legal policy objectively exists as a legal phenomenon in the field of law, juris and legal philosophy, through a study on some current legal systems and structures in some countries.In different historical periods, legal policy always plays an important role in judicial system in those countries.Unfortunately, workers of law, with the lower enthusiasm and a little advance for researching legal policy, even some of them misunderstand the legal policy.Most of them believe that reasearching legal policy should follow the ideas and standards of the politics, which are likely to contradictes, in some extent, the ideas and standards of law.Therefore,while concerning the most researching achievements made by politics scholars on the policy and legal policy, I shall attempt to study policy and legal policy in the aspect of law in this thesis.In the field of theory, there are some fields of studying policy and legal policy in politics, law and sociology.One is that thoughts and methods of politics, in the field of politics, are used to research policy and legal policy. The other is that thoughts and methods of law, in the field of law, are used to research policy and legal policy. Another is that the policy is studied from the aspect of social welfare in the sociology.While the first one in comparison with the second one, the achievements of politics are more fruitful. Moreover, in the field of politics, comparatively mature researching methods, stable reasearching fields and an independent system of subject have been made on pulic policy in the field of politics.,While this thesis belongs to the theory of law, I shall, basing on the field of law, use thoughts and methods of law, in the field of law, to research policy and legal policy.With the scientific description and demonstration for the contructing aims on the current legal phenomenon, Positivist jurisprudence really has advantage in some extent.Therefore, the method of the experience positivist in Positivist theroy is mainly used in this thesis, at the same time, semantic analysis, historical and systematic analysis, and so on also are used in oder to make it more rational and more reasonable, but also to make the conclusion more persuasive.Comparatively speaking, Crinimal law is a special one in all branches of law. Moreover dividing branches of law according to the regulating different legal relationships, however, the regualting method enable us to distinguish Crininal law from othersTherefore, in comparison with aother branches of law, Criminal law can cover more social relationships, which means that Criminal law could mention the performance of rights and the safeguard of rights and interests.Meanwhile, according to current situation, in comparison with aother branches of law, Criminal law can be most mature and its system is sound. While nowadays, Crininal law has established its own scientific system, I shall choose it as material to prove.In the demonstration, I used the demonstration structure of science theory in the social science philosophy, which is based on the natural science. This theory reveals that a scientific thoery is a process, based on a small precondition through a basic word, and based on a big precondition through the basic theroy.This demonstration structure should satisfy the simplisity. I think that this method takes the advantage of being scientific, although it is inflexible and lack of humanism.In the process of demonstration, I shall treat theories of policy and legal policy as the core concepts and treat defination of legal policy as the basic word used in the theory of the legal policy.When defining the core attribute of legal policy, I shall take the special relationship between legal policy and legal regualations into account.Therefore, the method of combination of underlying meaning, not the common method, is used.The method of defining concept can be used to deal with the situation of overlapping and intersecting, at the same time, policy that belongs to legal policy shall not be excluded from the legal policy.When defining the concept of the legal policy, I pay more attention to the issue of the law field. That is to say attributes and characteristics of the legal policy must be in harmony with the concepts and attributes of law.When defining the contents of the legal policy, I shall first stress that the privity between the legal policy and legal regulations in oder to firmly confine the legal policy to the field of law and the law of philosophy.At the same time, the differences between the legal policy and legal regulations result to the existence of legal policy in the system of law and the law of philosophy. Then, I shall illustrate and restate the existence of the legal policy, from the aspects of history, reality, material and concept by citing articles of the Crininal law as proof.At last, I shall illustrate and prove the status and function of the legal policy in the system of legal phylosophy.Legal policy objectively exists as a phenomenon in the system of the law of philosophy Therefore, firstly the objectivity of the legal policy in the system of the law of philosophy is not denied.Secondly, according to the the law of philosophy, legal policy can react to the practice reversing of the law phenomenon, carry out the critical function of the law of philosophy and conduct the function of constructing the law of philosophy.In conclusion, legal policy actually plays an important role in the system of the law of philosophy.According to this logic, I shall explain the main content of this thesis. At the end of it, I shall express my opinions on the historical aim of legal policy, which is to construct a systematic and sound jurisprudence.