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The Study On Motivating Factors Of The Changes On Legal Concepts In China

Posted on:2009-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:J Y TongFull Text:PDF
GTID:2166360245486974Subject:Law
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The article is based on the background of the third Plenary Session of the 11th Central Committee, takes the state transformation and social change as the basic analytical framework, and adopts the changes on legal concepts as the point of penetration in the periods of state transformation, inspects the various motivating factors promoting the changes on legal concepts. The author refines these motivating factors as the "System", the "Practice (discourse)" and the "Media" , Which the System is driven from the economic transition to market economy, the governance transition to the rule of law and the cultural transition on behalf of spreading legal knowledge, and Practice (discourse) impetus come mainly from the cultivating role of legal education, the promoting role of intellectuals and the leading role of Court. The Media impetus come mainly from the internet, television and other mass media to spread , integrate and shape the legal concepts. After empirical analysis, the author agrees that the three major factors display the positive roles in the change of legal concepts, meanwhile, after reflection and criticism, the author also considers that the three major factors have some defects and shortcomings, accordingly, the author puts forwards his initial conception on improving the motivating factors.Because the changes on legal concepts relate to a great many complex problems, it is indispensable to hold a multi-perspective approaches to the study, which leads to the study not limited to the field of jurisprudence, but also the civil law, criminal law, administrative law, legal history, the history of legal thoughts, and other related law fields. At the same time, some research achievements on other related disciplines, such as the communications, economics, anthropology, politics, have also been introduced in some sections of the article . Apart from focusing on the theoretical problems, the article also comments and analysis some significant legal events concerning on the changes of legal concepts since 1978 .
Keywords/Search Tags:motivating factor, the change on legal concept, social change, the state transformation
PDF Full Text Request
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