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A Study On The Evasion Of Law And Its Solvent

Posted on:2009-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:S DingFull Text:PDF
GTID:2166360242987541Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a social phenomenon, the evasion of law exists in the contemporary China objectively. Different from the traditional definition, this paper newly defines the evasion of law in the contemporary China based on the research of some scholars. Although the existence of the evasion of law is reasonable, it will destroy the authority of national laws; impact the value of legal concept and the faith of law. In order to solve the problem, this paper analyzes the reason of this phenomenon from three aspects: the influence of traditional legal culture, legal pluralism and the problems under the control of the law.In introductory remarks the author introduces the origin of this problem and its status in quo in China, analyzes the means to mitigate the problem.In Chapter One, the definition of the evasion of law in China is introduced. The author generalizes its conduct and character in the contemporary China based on the research of some scholars.The second chapter discusses the status in quo of the evasion of law in China. Firstly, generalize the form of the evasion of law by idiographic cases. Secondly, analyze that the existence of the evasion of law is reasonable from three aspects. In the end, point out its negative impact to the nomocracy.Chapter Three analyzes the reason of the evasion of law. Firstly, the traditional legal culture has deeply influenced people in China and the law is alienated to people. Secondly, there are much conflict between national laws and folk rules. People prefer folk rules to national laws, because folk rules are more suitable to solve the issues in country. Thirdly, some problems that exist under the control of the law will bring the evasion of law.Chapter Four demonstrate the settlement of the evasion of law in China. Legislation is the most important to this problem, so we should advance the skills of legislation and democratize that work. Then the national laws will reflect the people's ideas furthest and shorten the space between the law and the people that can ensure its implement more effectively. In order to join the national laws and the folk rules, some rational factors in folk rules should be brought into the national laws and judgments by professional person. In order to ensure people's rights by the law, we should reduce the cost of the lawsuit, cultivate people's consciousness of rights and enhance their faith of the national laws.
Keywords/Search Tags:The evasion of law, Legal culture, Settlement, Legislation
PDF Full Text Request
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