On The Concept And The Origin Of Legal Validity

The legal validity is one of the basic questions which are about jurisprudence. But to legal validity's understanding, especially the textbooks of jurisprudence in our country, experienced s process that was from one-sidedly understanding to the comprehensive. As to the question of the origin of the legal validity, there are many opinions. Why? Because there is the difference of the angel of view and the philosophy's rationale so the different legal science school and the different jurists elaborate it differently. Because of the scholarship, the time limit, so this article only elaborated the points of the representative jurists in the natural law school, the analysis positivism law school and the social law school. Based on this, we thought that the origin of the legal validity is not sole, but there many resources. This paper is divided into three parts.The first part had made the discrimination to the definition of legal validity in our country's textbooks. And then based on this, the article presents the definition of legal validity. And also this part analyzed the scope of legal validity and the level of legal validity.The second one has studied the opinion on the origin of legal validity from three-genre. And then the author presents his point about the origin of legal validity. The school of natural law thought that the legal validity either be based on nature or be based on the rationality or be based on God and so on; The school of the positivism law proposed that the legal validity result from the authority; The school of sociological law thought that the legal validity originates from society's existence. We think that the origin of the legal validity is not sole, but there are many resources.The third part mainly elaborated the significance of the research of legal validity. Firstly this part has pointed out that nowadays the legal validity performs poorly in China. Then this article pointed out that we can propose the corresponding Countermeasures regarding this through research of the legal validity, and this is precisely the practical significance of the study of the legal validity. This article ,mainly from three aspects: logic, ethics and the fact ,elaborated the countermeasure which may be adopted. In brief, the research of legal validity has the vital practical significance.