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The Development Of Law And The Spirit Of The Times

Posted on:2011-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z JiFull Text:PDF
GTID:2166360305981643Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China Legal Science has passed 26 years since start publication in 1984.It not only providing a way for exploring the basic development condition of Chinese law since reform and opening up,but also providing material for analyzing the evolution of Chinese law.As the experiences of Chinese law and the vitally important participants,China Legal Science record the historical trial of growth path of Chinese legal science since reform and opening up. Seeking the road of the development of law by China Legal Science,not only propriate,and far-reaching significance.This article tries to along the road of jurisprudence from the perspective of China Legal Science,and detect the basic development situation of Chinese jurisprudence, and summarize and clarify what the main issues it has studied during the period , and achieve what height, depth and breadth,and existence what kind of insufficiency.In addition,the article attempt to grasp the possible trend of Chinese jurisprudence.The 42,000-paper consists of three chapter apart from introduction and conclusion.In the introduction part, it explaines the reason to choose this topic and the object of study.It introduces the present scholarly research situation of the law development on which has been observed by taking the core periodical as the object of study .This part also elaborates the main research methods and research significance of the article.The first chapter analysises the periodical's function of China Legal Science. With the gradual establishment of market economic system,the development of China Legal Science is same line with the construction of democracy and legal system,and it also reflects periodical function growing day by day. In general, described in this article are seven functions:first, showing and spreading the fruitful results of academic research;second,promoting the academic research of legal science;third,supporting new person of the legal science to grow up;fourth,servicing for the legislation and judicial work;fifth,promoting and guiding the development of the legal science;sixth,popularizing advanced academic methods; seventh, promoting the popularization of academic norms.The second chapter discusses the overall situation of jurisprudence study from China Legal Science since the year 1984 to 2009.The article divides these 26 years'China Legal Science into three periods,from the themes of study,the authors of composition,research methods,program outcomes, literature citation and the comparison between different periods and so on several aspects to embark,descripts and analyzes the development survey of jurisprudence study at each stage.The third chapter mainly studies the academic hot spots of jurisprudence manuscripts from China Legal Science.These hot spots of theory in the vertical can be regarded as the main line of China Legal Science study. From discussing the essence of law to contending the basis of law,discussing human rights theory to proposing the strategy of ruling by law,primary recogning the legal globalization to re-establishing subjective China.Concretely speaking,this part concretely discusses the road of the essence of law theory,the right standard theory,the human rights theory,the rule of law theory,the legal globalization theory,the law education theory from the perspective of China Legal Science.The conclusion of this article puts up the relationship between the development of law and the spirit of the times. Time spirit is changing and developing all the time.'What kind of history is what time spirit.And the spirit of the times varies with the changes of the time.'Meanwhile,'Time spirit is not abstract but specific and historical.'The law theory develops and the perspective with concern from legal reaserchers alters with the changes of the time spirit. The jurisprudence of different ages plays a supporting role in different times of the law life. In other words, the law theory is a manifestation of the spirit of the times. Based on the road of Chinese law and Chinese rule of law from the perspective of China Legal Science.We can totally observe Chinese law,the rule of law and Chinese society.
Keywords/Search Tags:Jurisprudence, China Legal Science, the Development of Legal Science, Spirit of the Times
PDF Full Text Request
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