Theoretical Research On Constructing Harmonious Legal System

Legal system is a important problem in the law ontology, legal researchers from both China and foreign countries pay consistent attention to it. Mature legal system theory has important guiding significance to realization of socialist legal system with Chinese characteristics and a socialist country ruled by law. But theoretical research relating to legal system is very weak in Chinese jurisprudential circle. First, the connotation and extension to legal system do not form a unified and definite cognition; Second, legal theoretical researchers ignored some very important premise problems in the process of discussing how to structure socialist legal system with Chinese characteristics: What "characteristic" of socialist legal system with Chinese characteristics is after all? And in regulation angle, what indispensable composed elements of the socialist legal system with Chinese characteristics are? Discussion about the socialist legal system with Chinese characteristics will being a kind of aimless empty talks if can't give out convincing answer to these problems.So, this article summed up four kinds different explanations about legal system at first; on the basis the article suggest that socialist legal system with Chinese characteristics should be to take "harmony" as its characteristic, and analyzed indispensable composed elements of harmonious legal system .In other words, this article described an ideal view for socialist legal system of with Chinese characteristics form element, content element and value element three aspects. And last, this article analyzed the realization route and pattern to ideal view of Chinese characteristics legal system deeply, pointed out Chinese characteristics should take public law , private law and society law as its basis ; and established gradually by the pattern of legislation-centered judicature-helped. At the same time should establish self-harmonizing mechanism to handle the relation between domestic law and international law appropriately.This article is preliminary exploration to the basic theory problem to socialist legal system with Chinese characteristics .The author hope that the effort of this article is able to cause colleagues to care for these basic theory problem and that make these discussions into deep .Provide enough theoretical resource to the practice of socialist legal system with Chinese characteristics.