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Legal Determinacy Analysis Of Jurisprudence From The Point Of View Of The The Rule By Law

Posted on:2014-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2256330398974569Subject:Legal theory
Abstract/Summary:PDF Full Text Request
While avoiding disadvantages is the instinct of all living organisms, the dominant instinct laws of nature have a great chance. The process of human development by the barbaric biomes civilized society organizations, is actually from automatically accept driven by the laws of nature to consciously create institutional rules, and then get rid of the process of exploration of the contingency rule. The "state ruled by law" as a the highest social form of civilization, because it at least formally people with a predictable life in the future, we can calculate the greatest degree of certainty look forward to! The establishment of the "rule of law" society is contemporary modern transformation of the proper meaning and key links to the establishment of the rule of law countries to achieve legal certainty is not open around the problem, the Chinese legal type in a substantive rationality to form rational the transitional period, the modern Western legal a wave of skepticism of legal certainty, the critical wave, the certainty of the law insist on a positive response to the skeptics, how to treat the debate, and the use of the position of the Marxist Jurisprudence, view and of contemporary objective to analyze the situation of legal certainty and legal uncertainty of the dialectical relationship between the understanding of the issues of legal certainty and gradually deepen the process of the rule of law in China is of great benefit.Establishment of a country under the rule of law has been the target of contemporary China, explore the rule of law and legal certainty objectively to cut into the significance of the legal certainty of the rule of law, and the inevitability of legal uncertainty given by lawcertainty and legal uncertainty unity of opposites in the development of the rule of law, and review of the development path of understanding Western country under the rule of law on the issue of legal certainty, especially by some representative views of Western law schools advocate analysis,to attempt to describe, as a rule of law less advanced countries in the process of transition to a country ruled by law, in order to achieve legal certainty as to promote the rule of law and the legitimacy of the nation-building basis, at the same time, but also sober realized that the law does notcertainty is impossible to avoid. To achieve legal certainty is not only necessary, but can be pursued. Meet the future predictability endless pursuit of the angle of observation, the development of the rule of law is a constantly close to the legal certainty of process.This article is intended to emphasize legal certainty the importance of the development of the rule of law in China, some of the modern Western legal doubts about the legal certainty of criticism can not be a reason we suspect that the rule of law and reasonable, as can not because of the environmental and ecological problems suspected Technologydevelopment reasonable, because for a hungry person the most urgent problems of taste and style!...
Keywords/Search Tags:State Ruled by Law, Legal Determinacy, Formal Rationality, Legislation, Judicial
PDF Full Text Request
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