The Plight Of The Law

Do you agree that The Provision Concerning Forbidding Setting OffFirecrackers And Fireworks In Peking is a law? From its form, the answer is positive.Because it is passed by the organization which has the local legislative power. And itis declared to everyone formally. The provision has legal effect. But when theprovision is enforcied in fact, many people choose to resist the provision. The resultof enforcing the provision is so bad. The first purpose that drawing up this law can'tbe carded out. At last the organization formulating the law makes a decision thatchanging forbide firecrackers and fireworks to limit. After experiencing 13 years,everything returns to order. The predicament The Provision Concerning ForbiddingSetting Off Firecrackers And Fireworks In Peking confronts is not individual cases.The writer wants to study the alteration process of The Provision ConcerningForbidding Setting Off Firecrackers And Fireworks In Peking, and analyze whichreasons push the provision toward the predicament in different stage.First, the walter analyzes the predicament in the process of making law. The ideatendency of science doctrine is over-emphasized. Tradition legal instrumentalism isfit for the society which is governed by power. It obstructs the modernization of legalsystem, so building some new idea of law-making is very important. Secondly thewriter wants to explain the relationship between law-making and public will. Why isThe Provision Concerning Forbidding Setting Off Firecrackers And Fireworks InPeking abandoned by public will at last which public will support very much at thebeginning again. Why would the public sentiment become one of the manufaeturingsof the law predicament? The writer wants to tell us that we should treat the publicwill correctly. Respecting public will but conforming to reasonableness again.Then, the walter wants to introduce the law performance process briefly. Pekinggovernment does so ample preparations to enforce the law, but the predicament stillexists. The reason is that government often neglects the law cost the function of thelaw performance. There are some points of view about enforce the law cost andillegal cost.Again, you know, from the tiny view, the law wants to change some behavior.But from the macroscopic view, the law wants to change social custom. Costume forces the law to compromise lastly. The writer wants to analyzes the process andexplain the peculiarity of custom. The Provision Concerning Forbidding Setting OffFirecrackers And Fireworks In Pekingreplaces social custom rudely and disregards itsfunction. The writer gives an answer to these problems and tries to build up a kind ofreasonableness interaction mode between law and social custom. The predicament ofthe law will be solved lastly.