On 'Treating Rule Seriously'

Since the early 20 century, the sociology-jurisprudence, the realism and the criticism fiercely ciriticize the defect of legal rules, legal rules which is the core category of jurisprudence is struck, furthermore, the objectivity and definiteness of law is doubted.The law of action, justice law-making and the non-law judiciary congstantly disruption the theory and system basic of'Rule of laws', with the critique of rules as a beginning, The rechtfertigung of'Rule of laws'is lack of theory brace, and'Rule of laws'is in denger of failure.Especially, when the journey'Rule of laws'is still at its beginning, the basic of it is disrupted gradually. It is like that a mansion which is under-constuction, while the basic is destroyed. So it is necessary to arouse people to respect rules of law, treat rules seriously, in order to stick up for the basic of'Rule of laws'. I think that we should stress the importance of rules in the process of'Rule of laws', we should'treat rules seriously', rationaly explain and apply the law, comply with law, and carry out it, which is significant to seting up the sense of'supremacy of law', establishing the authority of law, and form morden idea of'Rule of laws'.The thesis includes tow portions:introduction and main body. The introduction states the sense of the topic and the general researching situation. The body includes four chapters. The chapter one states why we should'Treating rules seriously'. The first quarter narrates the meaning and features of the rule, in order to declare the meaning of rule in the context; The second quarter states the status of rule as a core element of law, as to state the importance of rule; the third quarter states the normative usage of rule to judiciary; The forth quarter claims that rule is the basic of the rechtfertigung of'Rule of laws', non rule, non'Rule of laws'. The chapter tow explains the inner requires of'Treating rules seriously'from three levels:macroscopic, madhyamaka and microcosmic. The first quarter, 'Treating rules seriously'requests the idea of'supremacy of law'; The second quarter, 'Treating rules seriously'requests pursuing judicial restraint; The third quarter,'Treating rules seriously'requests judiciary system with respecting of rules; The forth quarter, 'Treating rules seriously'requests correctly choosing and using judiciary methods. The chapter three states how to achieve'Treating rules seriously'. First, we should pursue 'Treating rules seriously'idea of'Rule of lwas'; Second, we should'Treat rules seriously' in the process of judiciary; Third, the result of judiciary reflects the require of'Treating rules seriously'. The chapter four introducts the sense of'Treating rules seriously'to'Rule of laws'. The first,'Treating rules seriously'reflects the system elements of'Rule of laws'; second,'Treating rules seriously'requests the priority of system; Third,'Treating rules seriously'is the surely require of initial stage of'Rule of laws'...