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How The Law Doesn't Work In The Reality

Posted on:2011-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2166360305481643Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In order to improve housing conditions, a villager in Village Wangzhuang called Baoguo Wang built another floor onto his old house. Such behavior goes against "Town and Country Planning Law" because he couldn't apply to the Planning Bureau to get the planning permit. So his house should be regarded as a non-planning architecture according to the law. However, in order to get a planning permit it's required to provide ownership certificate of the house while Wang didn't had one. That is to say, without flexible measures, the acquirement of planning permit is not realistic. What's more, it's rather expensive for him to get the planning permit. With the urban extensions going on, Village Wangzhuang located in the urban-rural has been designated to the domination of Huning District. The city constructor responsible for non-planning architecture came to this village to deal with the 10 family including Mr. Wang who built houses illegally. Finally, after the arguments and compromise between the villagers and the urban conductor, they decided to impose a fine of 1,000 Yuan on Mr. Wang as a punishment and requested him to re-submit architecture planning permit, and other villagers similarly. The villagers paid the fine, but didn't re-submit the planning permit as requested, while the city conductor also didn't look into the case any longer.I tried to demonstrate how "Town and Country Planning Act" is operated in the real world and what law executor and law-abiding citizens think, say and do when the law faces actual crisis through story narration. We can see that in the very beginning the villager did concern about the legality while as the situation developed they began to compromise. There are two choices for them—they had to get the permit or pay the fine in order to continue the building of their houses. In the end they made a rational choice which is paying the fine in order to continue the building. They just want to pursue simple equity which is "we are all imposed a fine of 1000 Yuan". Urban conductor also had their own considerations and logic. Although in fact the villagers were unable to apply for the planning permit, coordinating such kind of thing was beyond their capabilities. But dealing with illegal building is something they are responsible for, so they simplify the case with fine—a fine of 1000 Yuan equally. For the constructor, such settlement both defended the dignity of the "Town and Country Planning Act" to some extent and didn't exceed the tolerance limits of the villagers. Also, the conductor not only fulfilled his duties but also increased the revenue from fines in this sector. For the villagers who wanted to build houses, originally they had to get a permit according to the law while now they could get a fine instead to continue their houses at ease. In the end, with the combined effect of many factors, the people related reached a delicate balance. Such balance is not the order according to the law, but according to the "hidden rules" which we are all familiar with.People are used to avoid when law and reality collide, that is to say, they use their own system of rules such as customs, practices, hidden rules, etc which they are familiar with instead of the law to solve the problem. From such fact we can see that the law construction in our country only stays at the system level, and the law has not really built up a good order in our society, and also the law has not really enjoys popular support. This is because, on the one hand, law with stability may be embarrassing itself in the changing social environment during the transition period, The conflict between reformation and law becomes more obvious. On the other hand, sometimes our profound ethical and cultural traditions, which is the origin of many unspoken rules, is obstacles to constructing the legal social order. Meanwhile, such trend of stressing the legal texts but ignoring the actual running of it in society is also one of the reasons.In a society of law, control the society and construct the social order through the law is the natural approach. Through the contacts with these people concerned, I deeply feel that the law items are one thing while its operation in reality is another. This huge disparity makes us realize that the law can complete its mission of building a social order only when it becomes an actual action. The legislators should concerned more about the'story'happening all the time in the community so that the law will go deeper into people's life and becoming the guiding fundamental principle of public behavior instead of staying at a text level. Only in this way can our country become a society of law substantially.
Keywords/Search Tags:Legal order, Legal actualizing, Hidden rules
PDF Full Text Request
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