On The Validity Of Legal Norms

The rule of law is the ruling of legal norms; the establishment of legal norms is the premise and the basic of the rule of law. If you cannot prove the validity of the legal norms, there is no basis of existence to legal norms, the rule of law also loses the foundation of dependency. So, studying on the validity of the legal norms is a very significant thing to the modern building of ruling of law. While the research papers about it are few and have no-depth discussion in our country. It is the frequency thinking about it encouraged the formation of this topic, namely, the validity of legal norms. The validity of the legal norms refers to the justification of existence of legal norms, It includes the sense of the validity of three levels, namely, the overall validity of legal norms, the general validity of legal norms ,the special validity of legal norms ,which means the existence validity of legal norms in the overall are derived from its recognition and selection of people, performing a coherence of the legal system in the form and displaying its legitimacy in the specific case's trial. On this approach will involve on redefining the meaning of the concept of the validity of the legal norms, the different levels of significance of the validity of the legal norms, and excavating to the validity of Chinese legal norms and so on. So this article are discussed from three part, that is, the concept of the validity of legal norms, the theory analysis of the validity of legal norms and Chinese scene of the validity of legal norms, and the theory analysis of the validity of legal norms includes overall validity, the general validity and the special validity of legal norms. This article takes the method primarily of comparable analysis, logical analysis and empirical analysis. The full-text concludes three main sections in addition to the introduction and conclusion.The first part is on redefining the meaning of the concept of the validity of the legal norms, telling us that the validity of the legal norms is the existence justification of legal norms. It includes three levels of meaning, that is, the overall validity of legal norms, the general validity of legal norms, the special validity of legal norms.The second part is on the overall validity of legal norms, the general validity of legal norms and the special validity of legal norms. The overall validity of legal norms tells us that the overall validity of legal norms means not only as an effective means of social order regulation, and it is also a rational choice of people for harmony society. The general validity of legal norms involves primarily the force source theory of legal norms, the coherence relationship between the legal norms. In the force source theory of legal norms are discussed mainly from Jane Austin's, Keelson's, Hart's and Raz's legal theory; the coherence theory of legal norms mainly draws on Hooke's legal theory, that is, contributions of three layers of meaning: the first is not a contradictory between legal norms; the second is the supportive of legal norms; the third is the meeting each other of legal norms. The validity of special legal norms, namely the legislation validity of the legal norms and embodies its legitimacy in the specific case. If a legitimacy expression of legal norms to be accepted by the parties or social groups, means the individual validity of legal norms to be accomplished, and it is different from the actual results of legal norms.The third part discusses Chinese scene of the validity of legal norms, which is, on the validity degree\existence question\existence cause of Chinese legal norms and how to resolve these issues, and combines with specific case——Li Hui-juan and Xuting——involving a specific analysis. Finding out that the Chinese legal system is validity but existing the breakage or conflict of force chain. In order to make our country's legal system conduct more efficient and orderly, in order for the validity of our legal norms have a higher degree of reflection, we need to improve its force legitimacy and the coherence between each other from the establishment of legal norms, underline its acceptability, make it doesn't only embody logical consistency and coherence in the form, and reflect its legitimacy significance in essence.