The Jurisprudence Of Danwei Rules And Regulations

It regardless on the legislation be still in the academia for long time, all lack the concern that should have to the Danwei rules and regulations. Only have on the legislation《labor law》etc. makes extremely principled provision to the Danwei rules and regulations. The academia values the research toward to the Danwei more, to the system output jurisprudence foundation, its contents of the Danwei rules and regulations and the procedure norm and how apply on the judicatory, fresh then is in point of. Therefore, this thesis tries to carry on the analysis which compares for the system to the problems.The thesis has five chapters, each one mostly contents as follows.The ChapterⅠintroduces the related basic concept of the regulation system, and demarcate the scope of Danwei that used in this thesis, gets Danwei rules and regulations be the conclusion of "The Social Source of law ".It is part of main from the sociological jurisprudence of the theories background, commences and hopes to review "law in action" which first established by Roscoe Pound and Ehrlich's theory of living law theories,and . It hopes to stand out Danwei rules and regulations be the rule which produces a realistic function in the social activities. As for the road in the research, it main discusses the Danwei rules and regulations be the possibility which studies townsfolk's daily life order.The ChapterⅡemphasizes to analyze jurisprudence foundation of the Danwei rules and regulations, and conclude it to 3 aspects for the social autonomy, grass-roots democracy and the embodiment of law. The social autonomy is the only route which carries out personal freedom, and the Danwei autonomy is one type of social autonomy. Danwei rules and regulations is the important embodiment of Danwei autonomy now. A perfect Danwei rules and regulations is a basic form of carrying out grass-roots democracy. In view of the characteristics of law itself and some localization spreading out from it, the thesis thinks that the law have to be embodied and embodiment of the law will be more advantageous to carry out individual justice. The establishment of Danwei rules and regulations will change the very principled law principle into practical rule, doubtless is a good path to the embodiment of law. The ChapterⅢ, points out the objection of the establishment of Danwei rules and regulations now. It answers the question that how our country current law to Danwei rules and regulations of provision. It summarizes the law about Danwei rules and regulations, points out the objection of the law concerned.The ChapterⅣ, answers the question that what the perfect Danwei rules and regulations is. It discusses the establishment present condition of the Danwei rules and regulations. The thesis thinks the relation between a member and Danwei is administrant, the relation between the state and the society as well. On the foundation of it, the establishment rises to match governor and drive governor's benefits of Danwei rules and regulations of contents norm and procedure norm.The ChapterⅤ, answers the question that how Danwei rules and regulations serve the turn in judicature. Some cases make us pay attention to the legitimacy problem to the Danwei rules and regulations particularly in recent years. If the Court can carry on a judicial reviewing to the Danwei rules and regulations? What is the standard of reviewing? This chapter carries on the keys to these problems.