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Dismount The Function Of The Unspoken Rules Of Alienation

Posted on:2012-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
GTID:2206330332991942Subject:Legal theory
Abstract/Summary:PDF Full Text Request
"Unspoken rules" is Mr.WuSi's invention, it alongside with "the unspoken rules:China in the history of the real game ", "defing law - China in the history of the game" these two books survive in these years and beginning to pop up. So popular that is, the reasons may probably due to kind of all the social phenomenon is no stranger to the tip, the word awakens the various personal knowledge, inspired more in depth. Today, people in different places used the word in high frequency, people of different fields of unspoken rule have different interpretations. Facing the unspoken rules of formal rules of erosion, legal persons should know how to react.Law is only a means of social control, and it is generally understood as a whole social choice, govemment accordingly deployment of resources, presenting the use of force and construct social relations. The system, more complete legal and fully, generally speaking on social control and more powerful and effective. However, legal standards exist "vacuum" area, along with the social imbalance rising and the constant development and change differences in social life, legal aspects of the more cannot do everything in, all-encompassing generalizations. Because after all legal just for social life of a pattern and framework provides, rely on the legal control functions always limited. Meanwhile, the current laws and legal system itself in a major transformation period, the status quo and the lack of and not adapt to the needs of the society situation a lot. In such a legal environment, the law does not get one do, people will consciously or unconsciously seeking other ways to fill the left by the national legal rules rule vacuum. This is the unspoken rules and relationship of provides a common soil. In addition, even in law to get very good execution of place, also can because interest conflicts and game, resulting in potential regulation of produce and popular.Based on this cognition, come and check again the question of how we should treat our present law, we may will have a clear mind. The transformation period, China is in "multivariate mixed order" social reality. This period of social will surely be show the rules and joint role hidden rules of social interaction. Of course, we must emphasize that, in the show's rules and interactive relationship of hidden rules of law, must pay attention to play in one of the dominant position, maintain law necessary authority and powerfully. The law as a national actively promote social development, maintain order and stability of the important tool and means, in the kind of social regulation mechanism always and inevitably plays a leading role, is the basis of constructing the modern countries under the rule. The rule of law is the major premise, tolerate unspoken rules are there for a certain range and conditions. With the legal conflict is not too big part, and for conform to most people value choice of reasonable part, can keep compromise. Here said the compromise, not allow people to apply the law of another when a set up, split asunder, but in ensuring the national legal system under the premise of unity, not with the constitution and laws in the basis of curbing, considering some areas of special circumstances, be realistic adaptations and flexible and effective treatment. Only truly to establish the rule of law and dignified and status, can we truly achieve the rule of law.
Keywords/Search Tags:unspoken rules, the function of law and law-based society
PDF Full Text Request
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