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The Rule Of Law And Legal Acceptance

Posted on:2003-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:X H ChenFull Text:PDF
GTID:2206360095451979Subject:Legal theory
Abstract/Summary:PDF Full Text Request
People is the subject of ruling nation by law, yet if people are to play their roles they should know and understand our existing law, that is to say, it is the key to realize the ruling by law that people should understand, recognize and accept law. For the time being, people internal do not know much about law, so that the law does not exert its influence it should. Moreover, the jurisprudence field and law - practicing field have not paid enough attention to this issue, and study in acceptance of law is not enough, which is not compatible with our country's carrying out ruling our nation by law. Therefore, to change this situation that our legal resources have been running inefficiently, and to fulfil the great ambition and static goal, the acceptance of law issue should be taken into jurisprudence field as a fundamental category and studied.Acceptance of law means that the understanding and recognition of norms of law, principles of law and spirit of law by people, which at large develops into a kind of reaction of subjective psychology and movement, which is an expectation, agreement and longing to law shown by people, moreover, which shows a harmonious relation between people being the subject and the law being the object. It has the characteristics as follows: a union of being dependently and being submissively as well as a union of subject and object.Being a system, acceptance of law is consists of subject, object and media. The activities of acceptance of law are acts that the subjects get in touch with all kinds of legal information by medias and absorb them. During this process, it does not mean that people would accept all kinds of information that medias displays, this acceptance depends on the indi-vidual experience, finance background, education, legal background and the media itself, which complicate this process.Acceptance of law is quite a modern and old phenomena as well. In western world, it could be backed up to old Greece and Old Rome times. Romans accepted the enlightening law and its ideology from Greece, which, plus Roman's intelligence, made law of Rome known in the whole world. In China the state of people's acceptance of law is comparatively low from the old times to now, however, being the subject, the nation's acceptance of law has been kept on continuously since the end of the Qing dynasty. The first time is that the closed - up government of Qing dynasty started, facing the pressure of dooming, learning and importing legal system and principles from western countries like Japan, France, German, etc, which unveiled the activities of Chinese acceptance of law. The second time is from the new democratic revolutionary time to the setting - up of the new China. For the special status and reputation of Soviet Union in world, china, during this period, accepted law mainly from Soviet Union. The third time began after the opening -up reform, the activity of acceptance of law has been carried out completely.The above - mentioned movements refers mainly that China, being the subject, accepts law. However, the acceptance of law by people is far from being satisfactory. The main causes are that the reasons mentioned hereafter hampered people from accepting: I imperfect market e-conomy; II negative factors in traditional culture; III drawbacks in product of legislation; IV corruption in administration in justice; V lack in propaganda. So that steps should be taken according to these defects that is: excellent surrounding of politics, economy and culture for acceptance of law; the second is promotion media and approach of acceptanceof law to better the effect of it; the third is elevate the quality of legislation; the forth is to propagate the education for the ruling of law to make it work systematically and efficiently.
Keywords/Search Tags:ruling nation by law, acceptance of law, cause, promotion, effect
PDF Full Text Request
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