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How Does Legal Regime System Consummate

Posted on:2011-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q WuFull Text:PDF
GTID:2166360305982329Subject:Legal theory
Abstract/Summary:PDF Full Text Request
For " how the system grow into" as a topic, by "the relative centralism administrative sanctions power evolution process" this microscopic angle of view research "the Chinese government by law advancement pattern", obtains from empirical analysis's angle of view to the Chinese government by law advancement pattern and realizes in the process all quarters strength and so on important question profound understanding. The discussion system evolution's process, is in fact one uses each kind of tool explanation legal regime metabolism the process, "the explanation law" is one kind has the grammar, the semantics, the content on some literature and so on different level understanding method. And "the language connotation" in two levels explains method of the literature from "the situation connotation" is anthropologist Maring Nuofusiji originates, its righteousness is refers to comprehends any suitable description, not only need provide related at that time had event's information (i.e. situation connotation), moreover must supply the comprehensive cultural context the information (i.e. cultural connotation), this was because in behind any type's language exchange, any dialog human relations was not only revolves this event's participant's vision, the sense of hearing direct feeling, moreover also received the entire cultural history the influence. Therefore, all these ingredients will play some kind of role in the explanation significance, says in light of this, this article is for the purpose of through the system evolution explanation, forms the preliminary inspection system evolution theory, mainly through the official text's explanation, inquires about legislative the background information, but must discuss causes the system vicissitude social change restraint information, will put in the specific social structure as the inspection object's system vicissitude to give to understand, and analyzes the system evolution to take the social structure vicissitude the endogenous variable regarding the social change actuation.By analyzing the relative concentration of the right to punish the evolution of the system we find that China's current system of administrative law system is basically a multi-level legislative system, a masterpiece of evolution, the evolution of administrative law system, generally follow the logical structure:"Social Change→administrative law system, Demand→target administrative law system changes the mechanism to achieve change goals→follow-up mechanism of the specific system implementation of the system, "the relative concentration of power system, the implementation of the penalty process is a perfect embodiment of this process is a multi-game and the establishment of a balanced process of administrative law system, the logical structure of the evolution of the performance before and after the succession of a number of levels, the relative concentration of power system of administrative penalties may be the formation of new administrative regulations and even a new special law, the laws of China rational tide, difficult to predict. Even if the legislative changes, however, be able to respond to the needs of society, but also does not mean that the interests of society demand should be specified in the rules through legislation to achieve; like China lacks a tradition of civil society, but also the spirit of the lack of the rule of law country, both through legislation nature of change to construct rule-based society at the same time have to draw the legislative self-restraint in order to foster civil society.In the contemporary Chinese society, the government promoting the modernization of law is undoubtedly an important way to the rule of law, but the level of our society into the rule of law, the exercise of power is inseparable from the social constraints, but also inseparable from the active participation of people from the community led to the transition, but also inseparable from the open government structure, we look forward to an open structure of government, that is, looking forward to the Chinese government to have open the following aspects:First, legislation should be combined with social reality, can not simply reflect the will of the government, followed by a strong government mechanisms should be clean, honest, finally asked the Government to setting an example of the rule of law, with an open structure of government can benefit the smooth progress of the rule of law.
Keywords/Search Tags:System Grown, Rule of Law Process, Legal Gationality, Government-led
PDF Full Text Request
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