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Legal Principles Apply-Rule-bound, Said Analysis

Posted on:2013-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:C F FangFull Text:PDF
GTID:2246330377459919Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Theoretical study of the principles of law in Western countries already have awide range of genres, in China’s mainland jurisprudence textbooks normally only bein conjunction with the legal concept of rule of law as one of the basic elements of thelegal, but the21st century the calls of our judicial practice, the principles of lawtheory has been considerable development.2001in Sichuan Luzhou bequest fromnationally known case, the Court has been faced with the problem of how legalprinciples apply. Arising from entangled in the legal principles between legal rulesand social values, carrying too many disagreements and arguments. This is not onlybecause it is the object of the mode of the legislative center and justice center modelcompetition, but also a principle of governance and the center of the rules governingdebate. This paper will be legal principles apply as the center, a comprehensiveunderstanding of the legal principles applicable to the status of theoretical studies, inthe full grasp of legal principles and legal rules, legal principles applicable conditions,differences in applicable principles of law in civil law and criminal law on the basis ofsaid depth analysis on the rule-bound connotations and practical significance, andapply philosophical theories through the analysis of legal logic, from the point of viewof substantive rationality and formal rationality, the reality of current practices in thefield of law and judicial power source argument is bound by rules that the theoreticalbasis.
Keywords/Search Tags:bound by principles of law rules, that rational judicial power, of the realforms of rationality
PDF Full Text Request
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