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"Society" Concept Of Legal Interpretation

Posted on:2014-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:P P GaoFull Text:PDF
GTID:2266330401969829Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As a familiar word, the concept of "social" does not have a unified answer. Different sphere of academic understand the concept of society in different ways. Philosophers look the society as a field corresponded to the nature field, in which people enter into the areas of civilization from the areas of wild. At the same time, in the opinion of the philosophers, the society is corresponding to individual. The society is an organism which is made up of individual, is a community based on the relation of the individual. According to the sociologists, they always analysis the concept of society from the following facts:the structure of society, society change, and the movement of society and the function of society. Sociologists claiming the social are a organism believe that the components of society are independent and contact with each other and are dialectical unification. Compared to the state of peace, social conflict theory advocate that another common form of society is conflict and society is full of contradiction and conflict. Social evolution theory stress that society is a procedure of constant evolution, which is from a lower stage to a higher stage. The related theory of philosophy and sociology can be collectively referred to illegal concept of society. They interpret and analyze the concept of social from the philosophy and sociology perspective. But, the focus of the article is to analyze the concept of social from the view of law. In the sense of the law, society refers to a community aiming to realize democracy and the rule of law by means of manage social affairs by law. The article mainly interprets the concept of social in the sense of the law and clarifies the corresponding concepts:the civil society corresponding to the political state, the social under the rule of law corresponding to the state under the rule of law, the social of social management innovation under the rule of law. It can be divided into the following three levels. As the society corresponding to the political state, the connotation of the civil society reflects in three aspects:from embryology, the civil society is a product of the development of society is a stage of human society which is historical and periodic; structural study on the concept of the civil society mainly reflects in the theory of Marx. Marx believes that civil society is the fundamental of the state and other superstructures which is a general of all of the human material exchanges. Functional study believes that the civil society is the premise and base of the political state and the law, and the civil society decides the political state and the law. The state under the rule of law and the society under the rule of law are the two categories of the rule of law. They are the dialectical unification relations. The state under the rule of law is the political security of the society under the rule of law, and the society under the rule of law is the base of the state under the rule of the law. The society under the social management innovation in the sense of the rule of law is the result of the development of the theory of social construction. It emphasizes the role of the society in the process of social construction, which is aiming to innovation the pattern of social management and realizes the legalization of social construction. Acquiring a clear definition of society in different areas according to analyze from different angel is important. It lays a solid theoretical basis to the effect of the society playing on the contraction of the state and society and to build a socialist and harmonious society.
Keywords/Search Tags:society, civil society, society under the rule of the law, socialmanagement innovation
PDF Full Text Request
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