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How To Understang The Law

Posted on:2012-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2216330338959158Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Law is a science. Understanding law in the scientific way, on this basis, to search the significance of law is what the lawyers looking for. However, the boundary of Law's effect is decided by people's cognition of legislation. Especially the parties, because of the restriction on knowledge, social status, social experience, life interest, even prejudice caused by those factors, understanding the law is doubted.This paper aims to illuminate the current situation for understanding of law on the respective of the law sociology and law anthropology. This paper describes a social member who is involved to tort suit for creditor's rights debt disputes. In the proceeding, the defendant can't understand the judgment acted by her thought, words and action, that is mean the knowledge for inner logic of law and login from fact to law. Owing to one's self benefit , limited knowledge, social status, show unknowing of law what not the legislators and judge'thought. So, she intends to take negotiation between herself and court——lawsuit and letters and calls to correct the fault in judgment.In line with individual case, we can get the fact that she put inspiration and expectation in legislation a hundred times, take the law as master key to help her solve problem, not on the object basis. That will neglect the law's essence protecting public interest. And once the judgment isn't meet what her want, it is easy to feel prejudice for judge and turn to letters and calls. That not only weaks judicial credibility but also brothers the judge work.To review the social phenomenon of petition caused by misunderstanding of the legislation, we need to describe the logic and the barrier in the client's understanding of the legislation. Lay in that foundation, we can provide countermeasures for such petition. On study of many cases,there is a conclusion that the lacking of impersonal foundation blocks the client's understanding of the law. The impersonal foundation refers to professional knowledge in the area of Law, balanced interest and fair-and-square position. the client's prejudice could be dispalyed by suggestion from professionals. And we have already found some effective ways by way of practice ,such as explanation by judge, legal aid and legal consultation. However, all these measures need the government's solicitude for the clients' right, through policy and financial ways. In this way, our government should provide a platform for all the social members to understand the legislation better and better. And that is what we need to construct a society with a rule of law.
Keywords/Search Tags:Legal Undestanding, Legal Thinking, Legal Language, Lawsuit and Letters and Calls, Legal Aid
PDF Full Text Request
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