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On The Legal Effect Of Multiple Point And Its Intrinsic Relationship

Posted on:2009-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:W WuFull Text:PDF
GTID:2206360245976468Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In traditional concept of legal validity,there are various legal validity concepts because of different connotation and definition of the carriers. These concepts usually only define certain aspects of the legal validity concept, with the disadvantage of limitations on the concept extension and mechanicalness of the concept connotation.The application of legal validity in practice and in theory has indicated that the carrier of the legal validity is not single, but multiple. Legal validity could have broad extension of coverage by considering legal validity as "validity in the law". The multiple vector of legal validity has many theoretical advantage. Legal connotations have different understanding among West Jurists, mainly including logic, the value of factual content. Our legal validity's development also started to break the traditional view of the legal effect of the definition of content. Through the word semantic analysis of legal validity, the connotation of legal validity can be divided into "legal effect" and "the effectiveness of laws", and both should be able to further divided into two connotations by standard of necessary and reality. Therefore, legal validity can be content with a broad understanding of the dual narrow, the former includes the "legal effect" and "the effectiveness of laws", the later refers only to "legal effect". Legal effect of the multiple-narrow point of view, has theoretically link with the same inclusive view of some positivism. Legal validity of multiple point is not only theoretical construct, but also has spent all manifestations in the practice of law. Necessary—reality,substance—form,these two relationships exist in multiple points of legal validity. Necessary legal effect and the real probability of the existence of the interaction between the relationship. In the operation of the law, should be shown the evolution of the state from necessary to reality. legal validity has dual properties of substance and from. Effectiveness and the substance of the law between the effectiveness of the form is interrelated, interaction. In the operation of the law, the real legal validity effect through the form of legal effect to the role of the ultimate realization.
Keywords/Search Tags:legal validity, necessary, reality, substance, form
PDF Full Text Request
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