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Analytics On The Operation Of Law

Posted on:2008-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:W Z GuoFull Text:PDF
GTID:2166360242957774Subject:Law
Abstract/Summary:PDF Full Text Request
It has great development that the recent Chinese statute law of more than ten years establishes,the administrative regulations,local rule and regulation and rule and law that has produced number with the ideas of ten thousands,a legal system that has considerable scale is forming.This has prepared very important prerequisite condition for that China moves towards rule by law.But there are law,regulations and rule only,can't still establish country governed by law.Will establish country governed by law, still need these laws that had been established,regulations and rules, can in actual life has implemented enforcement well,make these actual norms whose law,regulations and rule can change in actual life really by the clause on paper.However,legal enforcement aspect existence many problems,the problem of " have law not depend on,law enforcement is not tight,illegal not study is very outstanding.The consequence of this kind of situation is multiple: Society fair can not realize,the confidence of people for law had been discouraged,reasonable legal order can not form.Social work is that inspection restrains the only standard of good evil.The social work that we speak is the legal campaign of person mainly to practise,includes legislating,law enforcement and administration of justice,abide by the law wait for the effect of every link and its arising,this needs of including the repercussion of people for law and the effect that legal campaign produces for entire society whole people mobilize,rely on the practice campaign of whole people to sustain and participate in national established good law correct enforcement good law.This makes a special important problem of becoming the now Chinese construction of rule by law and implementing problem of law. Person only solves this problem really,the construction talent of rule by law of China succeeds.The point of this paper of test mass is legalized from administration, the reform of judicial system,legal supervisor with restriction,legal inner limitation,legal faith and concept wait for aspect to put forward the perfect and reinforced legal enforcement of our country horizontal suggestion。First,administration is legal is realization administration science melts,modern prerequisite and guarantee,is to promote the urgent requirement of socialist economic construction development and construction socialist democracy.To realize administration to legalize,must improve administrative legal system and exercise of administrative functions according to law,realize the relation of Party and government to legalize and carry out administrative supervisor in accordance with law.Secondly,the judicial system of our country makes the defect of its self be hard to already meet the effective enforcement of the law of our country and the needs of construction socialist country governed by law because of the influence by various factors. Therefore the reform of judicial system is imperative.We must refer to and transplant the excellent system of ancient times and foreign country according to Chinese national conditions,establish the legal system system that suits the society of our country to develop needs.Again, the history of human political civilization development process shows,has only will political power is put under a mechanism of effective restriction,then can run normally reasonably,then can make grasp parallel make one of power not cause the damage of democratic system as to the power of ill use. All is not supervised the power with restriction,will be caused politics by ill use surely imperious with corruption.Therefore in modern democratization process,as power carries out effective supervisor,having become every country on world with restriction,mutual is faced with,is at the same time also the problem that must solve.At the same time,law is creating and runing as well as in the aspect of the role of social relation,there is also built-in inner limitation.Want make the law in the society of rule by law have well running,must want notice the coordinative coordination between legal and other social control means, must promote the traditional virtue of Chinese nation and the value outlook that reflects social progress vigorously,promote the morals level of social public,form positive health upward the social morals environmental and good atmosphere of social conduct;Must combine the social control means such as rule by law and morals closely together,will be legal,with morals in place Yun value concept transformation is social public heart strong ideologicalfaith,make the behavior that it examines,judges and restrains self voluntarily with this,so reduce the ideal and legal enforcement of rule by law the drop between effect,realization is legal benifit biggest melt.
Keywords/Search Tags:Operation of law, legislation, conscience law, administrative enforcement of law, the rule-of-law society
PDF Full Text Request
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