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On The Control Of State Power In The Chinese Legal

Posted on:2007-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:R HuFull Text:PDF
GTID:2206360212470321Subject:Law
Abstract/Summary:PDF Full Text Request
At present, the academic study of law for the rule of has gradually coming out of its original way by studying models, ways and other "ambitious" research, certainreas to allow for more in-depth exploration. Awareness of this issue and China uphold the "facts" of the level of oncern that an attempt to study the power of the rule of law, and make our own modest contribution.In addition to this introduction, consists of four parts:In the introduction, mainly is carries on the introduction to the research standpoint, that is this article attention spot lies in to "the fact" research, therefore as far as possible will avoid in the research process simply applying mechanically with own " value pursue" to solves China's problem.The first part of the study is mainly involved in the process to define the basic concepts. In this paper, power always means which is taken by the government and used by the staff of the government. In order to achieve justice for the protection of human rights as a principle, it used various institutional arrangements so that make people obey the law. Therefore this article prefer do design a legal system so that to restrict the power, and it is a law which can really protect the human right.In the second part, mainly is carries on the analysis to the contemporary China power movement present situation. The power in china has dual side, pressing and self-discipline. It takes affidavit problem as an example to analyze the dual side, and also indicate the same situation in other areas.The third part is involved the reason why there is the appearance of the dual side of china power movement, which is in a view of the government control. The reason is the modernized process the national government pattern and the strategy is being in vicissitude but not yet truly to complete. In order to explain this, it takes china reform and opening up as a Reference point to compare the principle in the two periods.In the last part, mainly carries on the countermeasure against the power in law. This article believes that it can be taken actions in governance, the rule of law and the...
Keywords/Search Tags:power, performance of power, restriction of power, the power of the rule of law-Jurisdiction
PDF Full Text Request
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