On The Tension Between The Legal And Social Alienation And Mutual Influence

The relation between law and society has been the subject western and Chinese schors has been studying together.For the modern society ruled by law which is highly divided into many functional systems,Law system has already deeply affected people's lives everywhere.The relation of society adjusted by law has to be changed with law changed.and at present Chinese society is under the period of transformation,special background of times and character of society,which make the present relation of society more complicated.So studying the relation of law and society,which is useful for us to establish laws which could completely reflect the need of society. and it can accelerate the society to develop and pretect people's benefit better and better.With the promulgation of judicial explanation III of marriage law,the disputes from it nicely reflect the relation between law and society. Because the disputes has all types of relations between law and society under the period of transformation,I choose the central dispute on the property distinctly prescribed by the judicial explanation III of marriage law,use the methods of hermeneutic of law and historical research and the theory of social system as research model to study.Knowing that there are three types of relations which are tension,alienation and interactive influence between law and society after deeply analyzing paper information and all kinds of social phenomena caused by the judicial explanation III of marriage law.when the established law or explanation of law could effectively respond the need of social reality,the law will accelerate the society to develop;or it will cause tension or alienation between law and society,and it will block the society to develop;however there is aslo an interactive relation between law and society,the law may satisfy some aspect need of society,at the meantime,it would cause another one or more than one aspects of side effects.Thus,we can conclude that the establishment or explanation of law should take account of the practical need of present chinese society,and construction of China's legal system and the project of legal development should be committed to improve the ability of law which effectively responds to society.all of these,it is necessary for us to study the society where laws are embedded.