Legal Methods In The View Of Rule Of Law

The life of the law lies in practice, but when the text laws come to practice, the enveloped aura above the law will fade away. Legal certainty and acceptability of judges, which directly affect the legal authority and the set of legal belief, lead to the lack of "rule of law" and "universal subject" in the establishment of "rule of law". The research of legal methods can eliminate the uncertainty of the law, meet the requirements of legal stability, and enhance the acceptability of judges, so that law can not only be believed in by legal professional groups, but also get public's recognition and respect, then achieve the aim of "rule of good law" and "universal obedience".This article includes the following five sections:Introduction: introduce briefly the course of rule-of-law in our country, put forward the theme of this paper---how to solve the problems existing in the establishment of rule-of-law by applying legal methods through judicial process.Partâ… :introduce the basic concepts and theories of rule-of-law. It can be divided into two parts:First: simply describe the double meaning of Aristotle on the rule-of-law:rule of good law and universal obedience.Second:generally introduce the concept of legal methods, types, characteristics and the meaning of legal methods to the rule-of-law.Partâ…¡:discuss the relay of rule-of-law construction to legal methods. It can be divided into two parts:First, analyze the main problems existing in the construction of rule-of-law. The problems are: legal certainty, acceptability of judges and the missing of legal faith.Second, analyze how to solve those problems by legal methods in the building rule-of-law, elaborate that law methods can improve legal certainty and acceptability of judges, establish the authority of law and cultivate legal faith.Partâ…¢:analyze the deficiency and improvement of legal methods in the process of rule-of-law. It can be divided into two parts:First, analyze its deficiency mainly with these two parts:one is the immaturity of theory research, the other one is the shortage of relevant rules and system.Second, put forward corresponding improvement measures which can be divided into four aspects:first, deepen theoretical study; second, improve the relevant rules and system construction, third, enhance vocational skills of legal practitioners; forth, explore the other factors which have an important influence on rule-of-law.Conclusion: summarize the main ideas of this article, analyze the deficiencies, then put forward some suggestions on the further study and its meanings.