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On The Legal Concept Of Natural Law

Posted on:2008-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z W ZhangFull Text:PDF
GTID:2206360215461001Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Natural law, which is the wealth of the world------both the west and the east, hasan irreplaceable importance for its contribution to the conception of rule of law. It is natural law that brings the principles of rule of law into its maturity.Nowadays, Chinese are trying all out to reconstruct a modernized nation by means of constructing market economy with rule of law as its essence. Though china has taken on the way of rule of law, we are still confronted with the many problems such as the lack of tradition, the lack of belief in law. Thus, the way of constructing a nation with rule of law as its principle, can only be a way of transplanting it from the west.Learning from others' experience can usually save us a lot of time. So, the study of natural law can maybe provide our construction of rule of law nation with some good ideas.In order to find out the essence of the principles of rule of law in nature law theories, in this thesis, I am trying to analyze it by tracing its origins and developing process one by one.In the first part, I'll deal with the general history of natural law which has fourperiods------the ancient period (the ancient Greece -Roman times), the mysteriousperiod, the classical period and the revival period.In the second part which is also the main part, I'll analyze the fore conceptions of rule of law. They are as the following: qualified law, the Supremacy of Law, the balance-separation of powers and the obedience to law.In the third and last part, I'll analyze the principles of rule of law and then use it as norms to weigh the practice of constructing legal country and find out the unexpected aspects, and then try to find possible way out.
Keywords/Search Tags:natural law, rule of law, the Supremacy of Law, qualified law, the balance of power, the obedience of law
PDF Full Text Request
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