Discussion On The Application And Perfection Of System Of Death Sentence With A Reprieve In China

Based on the theory that it is comparison that brings about learning and absorbing from the counterpart, exactly according to such consideration, this text fastens to act for from the two greatest system of distinction relatively set out, the dint diagram establishes the our country agency the concrete system design of the method.Act for the system beginning in ancient Rome, methods department inherit ancient Rome the characteristic of the strict formalism. British and American methods department acts for to come from the common method, it acts for the system to pass a judicial precedent to establish gradually in company matter practice. Textual chapter 1 introduces to act for the system first at big six beginnings of the French houses and British and American methods nations, because of its beginning different, the agency system that two greatest methods department walk up different road. Big six methods the department follows the mode of thinking that it constructs or purchase the rationalism to walk up an abstract of road, the category that created a series to generalize highly and can definition its content definitely and postpone outside, and on the foundation of these categories, set up a set of system integrity, logic tight method academic theories ory. The reflection is big six methods in acting for the system the department acts for the theories foundation- differentiation theory. Should theoretical point of departure is the agency see as a kind of can make the others undertake the law result of legal act, but this with" anyone can not make the contract for the others" of ancient old rule conflict, is this, big six methods establish and emphasize can make the third people undertakes the contract duty of right- agency, take this as the foundation, and pass the system integrity that the request of" name" carries out to act for the theories. British and American method the department then follows the mode of thinking of the Theory of Evolution rationalism to walk up a concrete road, don't pursue the category that creation highly generalize, set up the all-inclusive logic system; Isn't from the logic to set out, but set out from the experience. With the decision theory dissimilarity that abstract thinking decide, the agency theories foundation of British and American method departments for" etc. talk about together", expressed a kind of mode of thinking that keeps the view image. That think: Oneself wait with agent together, this can say with the short language of" the behavior that does through an others see as the oneself to do in person similar" form. Cannot get the conceptual abstraction of law for the core agency and agencies that big six methods act for the theories give to. The behavior that is within the scope of wait to talk about to see together, now that the trust and authorization that agent got oneself that be oneself, so agent at authorize should see as oneself the oneself do in person similar, acting for the behavior or acting for relation completely is according to appoint of result. The mode of thinking of the two greatest methods department and act for the theories foundation dissimilarity makes it exist the difference towards acting for the concept of comprehend also, this text chapter 1 compared the two greatest methods the department is on this foundation for acted for the different form of the concept and said and combined to introduce the two greatest methods the department acts for the concept of contact. This omen that can see make the two greatest methods department act for the system fusion. But two greatest method the department acted for the function consistency of the method to even increase the possibility of the fusion.Positive because two greatest method the department exists the above-mentioned difference from the first, they also contain many dissimilarities in acting for the design of the system. Textual chapter 2 mainly from act for three squares whom system include relation to carry on the study, namely drive internal relation between agent and agent and drive agent with the third people, agent and the exterior between the third people relation. The internal relation for act for is oneself is pleasing concerning the authorization with of the agent in the private method autonomy of body now, its core problem is the problem of the agency, is" etc. talks about together" of big six" differentiation theory" on the still a common methods regardless, all involve this basic problem. For the understanding of the agency property, the scholars the controversy is a lot of, having the power to say, the legal power say, the qualifications say, the right says the etc., this text also put forward to various theory 11 critiques agency should for a kind of" right", admit that the agency is a kind of right in essence, not only for slice the legal rights of solid protection agent, stimulate the booming development of act for the activity, have the actively realistic meaning, more important is, it enhanced the person from the principle the parachutist right consciousness, for re- tidy up" right" on the civil law concept and set up the civil case right system, have the theories meaning that can't underrate. To the issue of the agency property, represented big six methods the thinking tradition of the department, its theories meaning is big in practice the meaning. Be subjected to for the agency to, the big six methods department is also very different with the understanding that British and American methods fasten, the big six methods department sees to authorize the behavior as a kind of one side legal act, this text sets out from the principle of the civil case legal act, tally up a civil case legal act is means it to various with meaning behavior of law is abstract, authorize the behavior to then induce towards having the legal act of authorize the meaning now. But whether the authorization behavior have the independence and for no reasons or not? This text points out that the agency authorization behavior is objective and existent, namely regardless is to still have because say the for no reason say, all admitting that oneself exist alone toward the authorization behavior of the agent. This text clarifies to lie in its premise because say advantage and blemishes that says with for no reason, point out with the real right behavior for no reason likeness of of the authorization behavior for no reason exist the important difference, its difference does not lie in the for no reason,- independence, therefore, authorize the behavior for no reason theories have the lawmaking of conduct and actions according to of realistic possibility. British and American method departments then think that the agency gives to without independent law meaning. The agency comes from the actual authorization, the form see the authorization and confirm the authorization. Act for system of exterior relation part main will act for behavior relation and act for the law result knot put together the discussion. Described respectively big six methods fasten the direct agency acts for with indirectly and British and American methods ascend of show an agency, the act for and oneself a not public agency of body. Because tradition different, for act for system of inner part relate to relate to differentiation with exterior emphatic of degree is also different. Big six methods are in the legal theory logical formalism, make big six methods act for apply only to show an agency, the obsolescent act for and oneself a not public agency of body; But the common method is in the legal theory the logical substance doctrine makes the common method act for the matchless restrict. The two greatest methods department acts for the differentiation of the system, including the development road dissimilarity to the agency inside the outside relation of the differentiation and emphasize the differentiation of the procedure, all derive from eachly from.A" China act for the system establish" should be the front theories to inquiry into stop for a rest the point, two greatest method department for agency, not only can tend theoretically together with blend, but also practice medium have already had the lawmaking choice compromise mutually, such as The International Goods Selling Agent Convention .The agency system of China is what should one do, adopt what mode, this is decided by current agency theories in China and law makings to practice, this dint diagram combines the agency theories of the two greatest methods department agency system of the perfect our country. Chose to take a few concrete systems to talk the lawmaking choice and reasons of the our country. This text at to apply Contract Law Article 402s,403s restricts conditions carry on the analytical foundation up, affirm the acts for the lead of system to go into, but for Contract Law more subjective that appears the body of Article 402s puts forward query, absorb Convention of provision be and can limit its subjective. For oneself the body is unjust to open act for of lead into body now the our country abandoned big six methods department of prejudice, no longer be constrained by the integrity of the system and the careful thought of the logics, it is practicality that lead of this system go into and can think beg to change. Certainly, the inertial thinking that big six methods department make Contract Law to British and American method department act for the system of transplantation is zero spread of and don't become the system. Convention of establishment explained that the two greatest methods fasten the possibility of the fusion, can consider to establish the general principle to the agency in the lawmaking, give up is a doctrine strictly, make the broad sense define towards acting for the concept, for transplant, the integration acts for the system to leave the full law space. In this chapter outward the speculation that act for does to compare to elaborate thoroughly. It is special system of our country that outside act for to make, from establish has been can't give the norm availably on the law, The Civil Law General Rule ruled the direct agency only, but Concerning The Temporary Provision The Foreign Trade Agency Make is too low and can't rise the good result because of a rank, unify Contract Law concerning entrust the contract of some provision can be applicable to the outside agency to make, but can't completely of reasonable adjust it. Join the WTO along with our country, the outside policy of opens completely is historical and inevitable. Combine the two greatest methods that ex- text speak of the foundation theories of the department, the law frame that this text puts forward the norm outside the our country to act for to make. Study the advanced experience of British and American methods department, draw lessons from the successful way of doing of the international agency lawmaking, future in the our country Contract Law the lieutenant general acts for to establish under" legal act" of the civil law general introduction, being the basic system of civil law to the norm, establish direct act for to act for the system with indirectly, and give it the particular meaning. Contract Law of a pedestal is basic and can resolve the agency problem, the outside acts for related provision that a method of the conduct and actions agency should apply the civil code. Contract Law did not draw up out previous of transitional period, Foreign Trade Law with Contract Law can appropriately resolve the outside of now agency problem.