Law's Theory Of National Mandatory Elucidated

When elaborates the relations between law and the national compelling force, our country scholars stressed that the law must by the national compelling force guarantee implementation, but in the concrete implementation process, the national compelling force and the sanction relates in together. These viewpoints thought that "the law by the national compelling force guaranteed the implementation" is the legal essential feature.National compulsory thought are along with nation-state starting, the country in the legislation, the judicature the status enhance unceasingly, but obtains legal gradually the main body status. The law relies on the national compelling force discusses wickedly take the human nature as the psychology foundation, utilitarianism for ethics foundation, the sovereignty theory for the politics foundation, the legislative voluntarism to set up the legal science foundation.The angle which realizes from the government by law looked that overemphasizes easily to the national compelling force to neglect the humanity to choose the reasonable act independent ability, causes person’s main body status to lose; Easy to cause the authority worship, obstructs the legal supreme status the establishment; Does not favor State agency’s government by law localization, also emphasized the legislator and the obeying the law opposition desirably.National compulsory theories have camouflaged the aspect which other legal phenomenon are worth us paying attention. The authorization standard does not have the country to the obliged compulsory, all duties depend upon the national compelling force guarantee implementation by no means that in the international law domain, can force the international law duty implementation the national strength from the international society, from other countries, but is not requested fulfillment duty country our country the national compelling force. In the legal norm punishes the essential factor and the national compelling force is mutually the outside and inside, the legal existence take does not punish as essential, the country compulsory cannot take judges a standard whether is the legal standard.In the question country compulsory achievement law essential feature’s process, some theories which the Western scholar proposed has played the very important support role. These theories believed that the true law is not on the paper surface rule, but in fact is observed by the people the rule, must understand to the law from the development in the people realistic behavior order, they pay attention the focal point shifted from legal norm’s formulation to the law has realized the process specifically.Compulsory carries on the theory localization the country the connotation is, the law by the national compelling force guarantee implementation is not the legal essential attribute, the country compulsory in the static state is one kind of universal characteristic by no means that but is only in the tendency the legal norm realizes a process characteristic, middle it must be the legal movement discusses the content.The legal country compulsory located has reflected the legal science research model transformation. The right standard model insisted that the human is the legal practice main body, stressed that the human is the legal value main body, the human has the independency, self-consciousness and the automatic rhythm city in the legal life. The right standard model means that the right is before in logic the duty, the voluntary question on basic is decided by the right question, the voluntary concept only then can understand according to the right concept. The right standard model insisted that the authority originates from the right, the authority serves the right, the authority take the right as the boundary, the authority must restrict by the right. The right standard model emphasized the law to the productive forces development, the society constructs, person’s liberation to be able to move the promoter action. Follows what with the right standard model is the legal idea by takes the duty to take the right idea to transform, the residential society’s importance can highlight.The legal country compulsory will locate will have the influence to the legal science theory. These influences include:The legal norm integrant part including the legal consequences, only does not include is suitable the condition and the behaviors pattern. Regards the public law and the civil law with the right standard model, should regain its proper theory status. Public and private method the division is advantageous in us takes the civil law construction, establishes the science the socialist laws system, the standard public authority, protects the citizen benefit, maintains the good social order. The legal leading role is not the penalty or the suppression, but for human coexistence and to satisfy certain primary needs to provide the regulated arrangement. The right standard model based on to the right the respect and the protection, inevitably grows the right inference in the legal inference’s process the principle and the method.