Efficacy Of Law During The Social Transformation In China

Content:Efficacy of law is one of jurisprudence basic questions, what it pays attention to the legal movement actual state and the effect. At present, the Chinese characteristic socialist laws system already basically formed, but the efficacy of law condition in practice is not entirely asdesired. A substantial reason is lacking the summary of the legal practice condition, lacking the research to the efficacy of law question. In fact, the research on the efficacy of law in China has the especially important theory and the practical significance. This article in inherits the predecessor theory achievement, summarizes the efficacy of law concept, establishes the appraisal efficacy of law standard from the legal movement angle, and synthesizes using sociological, research technique describes and analyzes efficacy of law present situation and hiding behind these phenomena the deep level reasons, and proposes to a certain extent on this kind of condition the constructive opinion, discusses enhancing the way.This article is divided into three parts, the first part describes the legal effectiveness of social transition in China, first of all, clear the legal effectiveness of social transformation and social transition in China's special legal effect. Because the legal effectiveness of this problem of the social model is based on the background of the social transformation, and the purpose of writing is providing a reference for China's social transition, the author first describes the concept and the social characteristics of social transformation. By describing the concept and the social characteristics of social transformation, research the applicable standard and clear its usage. Secondly, combining the concept of social transformation in China's usage and the studies of China's social characteristics, discuss the social transformation of China at the present stage. At last, through the interpretation of the sociological theory of social transformation, compare the effectiveness of law in social transition and non transition, then clarify the specificity of the effectiveness of law in this particular social background. The second part, Integrating with the specificity of the transition period of effectiveness of the law, through the analysis of social factors such as:from "social acquaintance" to "society of strangers," the fairness of the law is questioned by the evolution of social differentiation. It is difficult to identity the law by a wide range of community, and it is difficult to implement the law by urban-rural gap, gap between eastern and western regions. It is seriously lack of legal consciousness because of values diversity, beliefs scarcity, and the rapid transformation of the actual factors and so on; At the same time, study about the legislative, executive, and judicial law-making and explore the problems of the legal effectiveness because of the law itself.The third part is the most important and difficult content of this article. According to the first three parts about the comprehensive analysis of China's current social transition issues and a reasonable suggestion how to resolve the problem of legal effectiveness. Firstly, according to the study of the reasons of the law and others, discuss the situation and reason of legal effectiveness in current Chinese society. This article will focus on discussing the various phenomena of Chinese society how to impact of legal effectiveness, and summarizing the reasons of these social phenomena, background and forms. Secondly, according to the reasons, propose the solutions. On the one side, it is the construction of the system level and it is focused on the improvement about such as the legal movement; the other side, it is the construction of the cultural level, and it is focused on the reasons such as humanities, social, economic and so on.