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Study On Causes Of The Hidden Rule In Society Ruled By Law

Posted on:2009-08-19Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360272474230Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
As a focus of discussion,the hidden rule which had been mentioned by lots of media frequently and rapaidly after it's appearance ,caused massive pubic concern.But there still is not a conclusion about what the hidden rule which spreads among the people is and the reality of it's exsitence. Evenly, the discussion appeared on whether it should be studied academically. At present, China is trying to build the society ruled by law, and she makes great achievement. But the hidden rule which called a bigger one in many barriers makes it difficult to come true for China. The hidden rule lives extensively in almost every part of social life, and it has powerful viality while it can infect rapaidly and violently. And all of these make legal persons in China afraid. When it spreads without any restriction, it can destroy the legal system, ignore the authority of law, and make society ruled by law as a prate.The target of this essay is to promote the process of legalization throughout specifing the concept of the hidden rule, finding out the proof of it's exsitence, figuing out why it militates, and finally finding a method to hold it back. About research approach, the paper will be not limited to Jurisprudence view, because the formation of the hidden rule is complicated as itself, and we can not survey it from the perspective of law only. In order to analysis the hidden rule, the paper will employ many research approaches, which including Research Methods of Sociology, Research Methods of Institutional Economics and Research Methods of Ethnics.In part one, we will demonstrate whether the hidden rule exsits and where it meet Legal Studies. And we will find they meet at the society ruled by law.In part two,we will stduy the definition, characteristic and it's classification. After research,we get the concept of the hidden rule , and it is a constraints which controls human action secretly, against law and social moralities, even if it has no fixed way to behave itself. The hidden rule has a little attribute of regulation to some extent, and it plays a role to restrict human action in many social life fields.In part three,we will find why the hidden rule exsits. And we get the conclusion after we did a fabulous job. The hidden rule exists reasonably and it has complexed political, social and cultural ecology. Among these reasons, the seek of the doctrine of the mean Confucian, the inherent limits of law, imperfection of legal system buliding, totallitarianism in Political regime, the multiformity of human nature and selfish ambitions are all significant causes in formation of that hidden rule.In part four, we will find how to hold the hidden rule back in society ruled by law. As the hidden rule roots in human nature, so it can not be eliminated ultimately. And now, we should reduce the range it does harm to. For China,we should promote democracy and political restructing in order to change things about totallitarianism in Political regime. We should strengthen morals construction so we can stop unhealthy fashion. We should make law that tell us what we should do and what we should not do live in most fields of social life in legislative layer. And meanwhile we should enforce law strictly in order to make law as the most important tool of social control. We should develop market economy deeply in order to destroy the society which people know each other very well. And the society grew out of small-scale peasant economy. And we should destroy the specific interests circles where the hidden rule originates.
Keywords/Search Tags:The hidden rule, Society ruled by law, Human nature
PDF Full Text Request
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