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How To Reflect The Legal Relationship Between Stability And Change In Social Development

Posted on:2013-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:H F WangFull Text:PDF
GTID:2266330395979709Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This topic is formulated to law the basic principles of the deep discussion and research. Maintain the stability of the laws to make laws is one of basic principles in the legislation to keep the stability of the law, it is to keep the authority of law requirements, is the summarization of historical experience. In this paper the law stability important significance on the basis of, this paper also puts forward the concept of subject to the law. But, with the development of the construction of legal system, the conclusion of the one-sided places will increasingly exposed. Along with the social development of the international and domestic relations happened, the change of legal reform tide sustainable development, the law changes into a concept to ignore.The stability of the laws and the change of the two concept is implicit in the legal science biggest paradoxes. This paper discusses the stability and the legal subject to legal connotation, from the legal stability and variability on the relationships between them, seeking in social development in how to embody the dialectical unification relations between.The first chapter mainly studies the stability of law legal implications. From the legal definition of stability, this paper analyzes the reasons and the stability of the laws of the social function of legal stability. The law as a social standards of behaviour, have undeniable authority, and it is legal authority requirements law must have stability, this is the nature by law of the decision.The second chapter basically studies the changing law legal implications. From the legal definition of stability, this paper analyzes the reasons and the law changing the law changing social function. Don’t adapt to the social development of the law, even more stability is not the authoritative. Law must be stable on one hand, on the other hand, they must constantly changing, stability and change is the paradox of the underlying law science, and to establish the legal science growth mechanism.Chapter3major research on the legal stability and the relationship between the changes. Legal changes is absolute, stability is relative. When the society stable relationship, the legal requirements remains constant, When social relations change requires the law changed. Therefore, whether emphasize the stability of the laws, it emphasizes that changing law, can deny its the existence of the opposite, from a certain Angle to coordinate the relationship between the stability and the legal subject, stability and social adaptability for law of balance.The fourth chapter basically the stability and social adaptability for law of the balance of the concrete measures. In the three preceding chapter of legal stability and variability relations on the basis of analysis, we coordinate the stability of the laws in specific changing relationship and puts forward some standard and feasible scheme: maintain the stability of the laws, the stability of the law is the foundation; Changes in the law with affecting law stability for the standard; In the social practice of the law and keep pace with The Times stability will unify; Maintain law stability and variability of harmony, stability and social adaptability for law of balance, and to achieve the balance of stability and variability.
Keywords/Search Tags:The law, Legal stability, Subject to the law, Social development
PDF Full Text Request
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