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System And Citizen: Two Deep Dimension In Inspecting French Constitutionalism (1789-1804)

Posted on:2009-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiFull Text:PDF
GTID:2166360245990235Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"If you did not know other country languages, then you also know nothing about their language."The author believes that the legal research can also use this Goethe's maxim.This means that we should have the related foreign legal regime's knowledge, so that we can understand our law correctly. However, in China, people have long ignored this understanding. Until the mid-1970s, engaged in the study of foreign law has also been seen as almost a matter of what to blame. And once in a mainstream view, its not only useless, but harmful to the legal research, and even the whole country, society and economic development.Since the 1990s, with the theory and practice of the rule of law promoting gradualiy, more and more people all agree with constitutionalism is key to the rule of law.There is no doubt that the Constitution is not the Chinese mainland,as a human outstanding achievements of political civilization,constitutionalism likewise. So it has very important understanding value.However, in the past , as a radical constitutional model-Stop in the field of academic community vision, it is difficult to know its true colors.This paper attempts to draw the Constitution of disciplines and related disciplines on the basis of the results of the introduction of the system and the c the citizen ,two in-depth analysis angle of view carries on the multi-dimensions to 1789-1804 in France's constitutional process.Just like Nuowa Reese says,"all understanding, the knowledge may stem from the comparison."If people when formulates and develops our country constitutional construction to the foreign similar congealment history advanced wealth looks ,but not see unexpectedly or does not use, it is not wise. Therefore, it's essential to conduct the method of comparison. It has been also insisted throughout inspecting the French constitutional . and also maked comprehensive use of a series of basic approach, there are specific semantic analysis, class analysis, historical analysis, and so on. Eventually, I reached a conclusion that the constitutional human civilization and progress of the development of the system and the citizens of deep areas of interaction between the two results. Therefore, we must regard the constitutional construction and the development advancement dialectically from the system and the citizen two aspects.
Keywords/Search Tags:Constitutionalism, System, Citizen, Arc of visibility fusion
PDF Full Text Request
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