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Study Of Local Resources Of Economic Law In China

Posted on:2005-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:D WangFull Text:PDF
GTID:2206360122980669Subject:Economic Law
Abstract/Summary:PDF Full Text Request
I want to take 《Study On The Issue of Localization of China Economic Law》as my project while I will finish graduate school. I have been reading and thinking the issue of mainland resource. What signification the theory of localization has on the legal system construction in china? In the field of economic law, the theory of localization as one of choice of the route of the modernization of economic law. What degree it has important superority while compare to the theory of transplant. Moreover, whether we think issue only in the thinking pattern of nativism and the theory of west during the path to the modernization of economic law.. Can we have breakthrough and where the breakthrough, if we have? I begin a series of investigation when I question the issue above.Seen from content, I arrange the text three portion as follows:Section 1,I discuss some principle on the theory of localization of economic law. The author think the theory of localization of economic law has some foundations.The theory of localization and the opening presence of economic law itself are it theoretic circumstance. The difference in society arrangement being great, the system of possession has changed, the difficult in the field of society commanding being intricate and so on during the transformation of society are its realistic circumstance. At the same time, the law of transplant being lost in realistic living is the cause of the theory of localization of economic law. Its academic foundation is based on the point as follows: law is not pervasive, experience is particularity, the economic law has the character of responsing. Uponing the factors above, the theory of localization of economic law being realistic. The theory in china is concluded four points: the culture of traditional law, the socialistic market economy, the political resource in china and integrative resource.THE Second section Introspection of the localization this part introspcts the definition of the localization from four different planes.Firstly ,introspection of the nuclear definition of economic law mainland resources. by the way of compareing "mainland resources "in Su Li's meaning with the understanding of the scholars who insist in localization,we can see some misunderstanding in the difinition of the latter's. because of the misunderstanding,not only makes the category which including some academically value has lost its theory brilliant,but also makes the thought concerning character of main body in economic law domain retrogresses to the binary thought model about the dispute between the law's and function occuring the late period of Qing Dynasty. then , introspection for the theory's foundation .By way of studing the foundation of localization ,we can find ,though it aim at china's economic law mainland resources ,but the correlation theories which sustaining it almost comes from foreign country.namely the late-modern law science theory and the route relies theory of the system economics .As a scholar points out "there is a paradox , ont only about Suli or the China law science. Namely the the method ,theory form ,and even the value tropism as well as most thought materials of such people who emphasizes on mainland resources is western " . thirdly , introspection of the OF economic law mainland resources .there are some problems if make the tradition law civilization be the economic law mainland resources .because we cannot find any element in tradition law to satisfy mordern law value. At the same time ,wen cannot make the politics economy reality condition equal to economy law mainland resources . because itself is meaningless , and probably disturbs us for some settlements of genuine mainland problem. the last part , the introspection of economic law mainland resources theories from sociology angle.The localization may probably be another hegemony opposing western civilization .because of this reason, localization is potential dangerous trend.Namely probably echos with the "China characterist...
Keywords/Search Tags:Localization, Economic Law, Globalization
PDF Full Text Request
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