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The Public Law Theories Of Leon Duguit

Posted on:2011-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2166360308958355Subject:Constitution and Administrative Law
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France is the birthplace of modern public law, all ideas and theories of public law almost can be found the most outstanding representatives from the French. Since the 20th century, The public service theory of Duguit is one of the two main public traditions. The subjects of this article is the public law theory of Duguit, research focused on getting a systematic overview about the public law theory of Duguit,Exploring the role of the public law theory of Duguit in the public law system in order to provide broaden understanding for future researchers.This dissertation consists of a preface, four chapters and a conclusion. Preface outlines the Duguit's life and writings, conducting a summary about the work of Duguit's public law theory, which is referenced by this paper。At the same time, introduces the situation about studying the public law theory of Duguit in domestic, This article uses the research methods of collated. The second chapter is aim to introduce the background of the times about the public law theory of Duguit, including national development context and law background of the French, Duguit mainly analysis the French administrative jurisprudence and administrative policy to demonstrate the theory of public law. The third chapter is to explore the legal basis of the public law theory, social solidarism and the objective laws, social solidarism jurisprudence is the basis of public law theory。Chapter IV is described the national power theory of Duguit, he denied the sovereignty theory and the theory of individual natural rights, that the state is constituted by the power ,states must be clear of the eact limits and regulations by law, and the state's aim is to achieve the Law. Chapter V is summary systematically the public services theory of Duguit, Clear legal to adjust the public service law. Chapter VI is set the legal technologies of Duguit, including the statute law, special laws and regulations, administrative actions, the state compensation liability etc. The final chapter is the conclusion, summarized an overview of the public theory of Duguit in the academic field, and the author's views about the public law theory of Duguit, the public law theory of Duguit provided a new theoretical support for the construction of a public law, broaden the perspective of public law.In summary, in this thesis, the author will get an overview of the main elements about the public law theory and try to express author's views and controversy when I think about sorting, of course, there are many issues that I can not handle properly in this paper, just to put forward some initial ideas. Duguit is an important public law scholars, There are many resources of theory worth understanding for researchers. I hope that rough ideas and instructions can help domestic research about Duguit , making people understand the essence of the Duguit's idea.
Keywords/Search Tags:Duguit, public service theory, the theory of power state, social solidarism jurisprudence
PDF Full Text Request
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