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Reflection And Reconstruction, Of Contemporary Chinese Legal System

Posted on:2009-12-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WanFull Text:PDF
GTID:2206360275493030Subject:Law
Abstract/Summary:PDF Full Text Request
Law system is an organic integrated entirety of the whole certain field laws according to a definite logic construction.Different social economy,politics and culture situation determine different law system construction and thereform profoundly influence people's relative recognization and comprehension.Comtemporary Chinese law system is divided into a certain amount of law branches on the basis of the target and method of adjustment.It is mainly constituted by seven branches and three law norms of different levels.The seven branches are:Constitution and its relatives,Civil and Commercial law,Administrative law,Economic constitution,Social law,Criminal law,lawsuit and non-lawsuit style of court.The three norms of different levels are:law,administrative regulation,local code and regulation,autonomy regulation and single file regulation.But current law system exists misunderstanding area and deficiency.It juxtapose Constitutions and its relatives with Civil and Commercial law, which can not reflect the basic status of Constitution.It doesn't admit the differentiations of Public law and Private law,which make the structure of our law system appear Fault Zone in logic.We should let people know deeply the imperative of reconstruction of our law system by means of the discussion between the connotation of our law system and elements of law structure under modern market economy.We should give stress to the "mother law" status of Constitution;separate it into Public Law,Private Law and Social Law—three law field;make Private law,which is less basis of law culture in our country and Social law,which is lack of implement mechamism develop rapidly and consummate perfectly,to establish a pymid-style socialism law system structure,led by constitution, which is with clear level,strict logic and harmonized content.
Keywords/Search Tags:Law system, Public Law, Private Law, Social Law
PDF Full Text Request
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