On The Functions Of Law And The Implementation Of The Functions Of Law

The function of law which needs law scholars to do systematic and in-depth research is the legal doctrine and practice with the major theme of practical significance. But whether we are in China or our foreign scholars on the theme of this study is not enough. The operation of life and the scientific theory of the function of law require having a clear theory to support and guide the function of law with the proper combination of real life. On one hand, the function of law does not mean that the role of law or the law of value and the purpose of such concepts, they are fundamentally different from each other that can not be used to confuse. Special attributes of the function is that it is inherent in the law itself, the objective, stable, and should be a matter of the possible attributes. On the other hand, research on the function of the significance of the function of law is to be fully realized in China. But realization of the law function needs to meet certain requirements, which including the inherent elements and external elements of realization of the law function. The inherent elements of implementation of law function are divided into internal content elements and internal form elements. Among them, democracy, the rule of law, fairness and justice constitute the basic elements of the inherent content elements of realization of the law function; Words accuracy, rational structure and the systemic system constitute the inherent form elements of the realization of law function. The external elements of the implementation of law functions are the specific elements which should have realized in the administration of justice, law enforcement, law-abiding. The purpose of the issue is to solve problems. So the practical significance of the study on the implementation of law functions is to make the law functions in our country can be fully realized. In the analysis of the realization of law functions in China, we must first focus on the functional analysis of the current law in the process of China's realization of obstacles. Some of these barriers are the attributes of its own, which is congenital obstacles, such as all of the non-genuine, non-complete, uncertainty, rigidity; some of the obstacles are brought by operating system, such as legislative, judicial, law-enforcement and law-abiding reasons. Against the objective of China's social practice, seeking truth from facts, to remove these obstacles interference, especially remove these interference acquired by institutional obstacles,to explore the way of the realization of law functions in China to fully realized ,and I hope it is better to the harmonious development of legal system in China .