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The Culture Explanation For The Difficulty Of Judicial Execution

Posted on:2012-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2216330338950336Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Difficulty of judicial execution is a problem in practice, how to deal with it is also an issue to most legal practitioners and researchers. It is concerned by all of us, because judicial execution directly affects legal authority. People don't believe in law and justice can not be achieved, seriously destroy social operation and economic exchanges, even affected the development and progress of our society.Difficulty of judicial execution is also a historical problem, for many reasons: reasonable design of the system, bad customs, low efficiency suppression and so on. It is difficulty to place it in practice, many scholars find a breakthrough from the system to explore the implementation problems and suggestion to address it. However, they always don't attach the negative impact caused by the cultural influence of the system. Legal Culture as a method of interpretation and analysis, to address it of implementation of justice provides another alternative path.This paper will be divided into three chapters. The first chapter is the definition of the difficulty of judicial execution and to explain the method of culture, discusses the legal culture on pre-conceptions, and the difficulty of judicial execution to do a brief and clearly it concept; used in this paper to clarify the legal culture as a methodology, will explain the function of culture applied to the analysis of it to the phenomenon difficult. Chapter II "Legal Culture Perspective of the Causes of the difficulty of judicial execution", mainly from the performance of the difficulty of judicial execution to start the difficult reality of it and analyzes the reasons for the difficulty of judicial execution, history and culture dating into history, from the practical reasons, looking for cultural roots, pave the way for the discussion of the next chapter. The third chapter is difficult to resolve the implementation of the legal culture means. From the theory research, cultural training, and system design point of view difficult to breakthrough it, a more reasonable solution. And use of sociology, semiotics, anthropology and economics approach to comprehensive analysis, as the difficulty of judicial execution to understand and resolve the reality of another approach.
Keywords/Search Tags:Difficulty of Judicial Execution, Cultural Explanation, Historical Law Cultural Reasons
PDF Full Text Request
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