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The Authority Of Law Formation Mechanism Research

Posted on:2014-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:X R GuFull Text:PDF
GTID:2256330425469613Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Supremacy of law society ruled by law is the basic principle and basic characteristics,the law have supreme authority is judge whether a country to realize the rule of law is abasic scale. Therefore, to set up the law highest authority is in the process of rule by law inour country should achieve the objectives. From the current research situation speaking, onthe authority of law works and papers mainly involves the structure form, social functionand realization, but little attention and discussed the authority of law and the formation ofthe source of the problem, not the authority of law analysis the internal structure andoperation mechanism, more not from socialism government by law idea Angle formulatinglegal authority formation mechanism. The concept of the rule of law in socialist view oflegal authority to the formation of the system the research, and analysis the western andother socialist countries forming process the authority of law, and tries to find more accordwith the reality of our country, set up the authority of law path, as well as the process ofour country’s law a contribution to the development of force for our country, set up the lawhighest principle concept to provide reference and reference.This paper is divided into four parts. The first part "the authority of law" clearly theconcept of "law","authority" analyze, defines the source of the authority of law on detailedintroduction, clear legal authority to form the ins and outs of worldwide socialist rule oflaw philosophy Angle of view to further analysis of the formation of the authority of lawclues. Including the western legal philosophy theory, Marxism legal theory, Lenin,traditional Chinese society and comrade Deng Xiaoping to the authority of law sources ofinquiry. The second part introduced the authority of law concept in socialist legalconstruction background, in the legislation, law enforcement and judicial, law-abiding fourareas of forming process. In addition, but also in the "government authority" and "theauthority of law" the interactive relationship between concrete elaboration, and aconclusion in the socialist rule of law in the concept, legal supreme authority view isregulating the sum of social relationship is fundamental, rather than in our ingrained "man".The third part discusses the authority of law concept to construct the harmonious society inour country the important role and status, this paper analyzes China’s current legalauthority is not high phenomenon in nature. The last part, combined with the authority oflaw the formation mechanism of the many characteristics and rules to guide our countrysocialism government by law construction, solve, there are many problems in the wholesociety of rule of law set up the law highest good atmosphere, maintain law supremeauthority.
Keywords/Search Tags:the authority of law, the authority of law source, the socialist rule of lawconcept, legal system construction
PDF Full Text Request
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