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On Doctrine Of Supremacy Of Constitution

Posted on:2013-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q LiuFull Text:PDF
GTID:2246330374481006Subject:Law
Abstract/Summary:PDF Full Text Request
In China’s history dominated often is pragmatism, empirical, utilitarian thinking. The existence of these thoughts for our country’s construction of the rule of caused many obstacles. Any law contains concept and system two levels, our country socialist legal system has been established. In the construction of legal ideology level, as a socialist legal concept of also made a lot of progress. The constitution of the supremacy of the law put forward has become perfect socialist legal concept of an important opportunity.The constitution supremacy of law as a socialist legal concept put forward has the vital significance. This marked the idea of rule at the national level further confirmed and development.The constitution of the supremacy of the law proposed though is of great significance, but also to pay attention to some problems in them.The necessity of the law is constitutional law of the supremacy of the premise. Some of us. especially the law often put the existence of law as a kind of the existence of the course. But some western jurist don’t think so. The constitution of the legal deposit is not really born that way. We also should focus on the origin of the law as a western faces legal crisis. Set up the authority of the constitution law supreme will inevitably and national authority has certain conflict. With the deepening of the socialized production,"administrative state" gradually strengthened, and the constitution for the national law of the restriction appears more and more ambition. The realization of the supremacy of law for the reconstruction of the social ethics has important significance.The doctrine of supremacy of constitution realization faced with some difficulties. One is the legal theory of the deconstruction of socialist legal system. This is mainly include postmodern jurisprudence to socialism government by law of deconstruction. realism of law of rule of law of socialism institutions, the law and sociology of rule of law of deconstruction of socialism. On the other hand, the judicial philosophy of the unbalance of socialist legal system for the deconstruction of also has a certain effect The constitution is supreme realization.The first thing is to get the support of the law on thinking, pay attention to legal thinking of the revolutionary thinking transformation. Second, the realization of the supremacy of law to get the support of the legal hermeneutics.The use of legal interpretation for the current judicial activities has the vital significance. The use of legal interpretation for the current judicial activities has the vital significance.
Keywords/Search Tags:Socialist idea of rule by law, Doctrine of supremacy ofconstitution, Legal Method, Legal Culture
PDF Full Text Request
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