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Contextual Analysis Of Institutional Change

Posted on:2006-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:F GaoFull Text:PDF
GTID:2206360155966070Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the society of our country in transition period the arrangement of system position again to become the focus that law circle pays attention to, perhaps because being this kind of to pay attention to also make law become one to show study. System general interest can divide into formal system and informal system, this kind of classfication is easy to stress with society for reference system in the order with spontaneous society, or is the universal specification of leading establishment by country. British-U.S. law is the innerness of paying attention to system mainly, as Ha Yie Ke this kind of elaborate spontaneous from raw order principle, and is this kind of order form essential law with with legislation appearance difference; And continent law department more stress in country system, the behavior that regards national system to be society is normalized, this two forms distinguish have the history of behind deep it background. And the attitude of China for system the more kind of system arrangement that is more same than continent law department.Certainly, the system changes behind of China also has deep background. Because of system is more embodiment is a kind of symbol express, is inner regardless of it, restrain or is external, go back to the mechanism that reflects a kind of words language thoroughly after all, simple theory Zhi, system will surely want to tell people how to behavior, as well as the attitude of people for system. From sea virtue shelf Er place, " language is existent home ". So, system can also show the existence of words language exchange. Modern person worship Ha shellfish horse Si Zhi discuss theory, clear proof also exists for system in language to offer. Therefore us will the analysis of system, belong to the installation of a kind of language boundary. People need to reflect and feedback according to this kind of installation for attitude and the knowledge of system. In legal principle study circle, Su force will this kind of language boundary with economic condition appearance connection, have offered a kind of strong train of thought.For the analysis of realistic system, we attempt to seek a reliable illustration in order to avoid in empty talk. So take apart to move system fit into the field of vision of this paper. Take apart to move the changes of system the critical surface that has a necessity , the crucial legalness that is in on law, as well as people for take apart to move the reflection of system. These have formed current take apart to move system must want the reason of changes. It is briefly general, in the past estate is national welfare is belong to state-owned, country for state owned property control is legal, therefore it is more few to produce different meaning, again because of take apart move is benefited ( or say biggest isbenefited ) is often the masses, therefore take apart to move system have gotten extensive support. Transit move, the realistic way of taking apart because of privately owned melt move forward to lose its legal basis, and it is too drastic to take apart to move the operating tiny word that has caused each aspect of society, therefore is sufficient to only take apart to move system straight trend or the critical surface that is locating in changes.For this kind of critical surface carries out the analysis of language boundary, positive-appearing image system established with have been taken apart to move the dialogue that person carries out, hope to find the direction of system changes from theory of this kind of "parents-in-law". Therefore in analysis do not adopt since legal logic judges , is not settle a lawsuit type exposition and argument, and it is the more option that deciphering government is faced with from the layer surface of politics, it is a kind of that the background of this kind of option can get through taking apart to move the refraction of system (is not for weak virtue ) sympathize with , for system, the suggestion of changes will be also more prudent.
Keywords/Search Tags:System changes, to move system, language boundary
PDF Full Text Request
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