Constructed The Order By Law

The order is the natural demands of human society, without order, human society will befail into a state of war of all people against all people! Therefore, how to establish andeffectively maintain a certain social order has become an important issue since ancient timesthat human has been constantly thinking and exploring. Constructivism rationalism believethat as long as make a good legal norms and form a perfect legal system, this is enough tobuild all the order of human society and also enough to carry all of the good values of humansociety. This legal concept, basing on the extreme self-confidence of human reason, by virtueof its strong practical and quick to establish order, was popularly favored in the Chinese andwestern social transformation process. Since modern times, China is facing the greatestchanges that never happened in the past three thousand years and need to set up the new orderin the process of social transformation, then the law as the most effective means to build order,has been widely used. However, It does not attract enough attention of that when the legalconcept of constructivist rationalism into practice will be cause some paradox. If theseparadox has not been properly resolved, finally it will be affect to achieve the good order andeven get a result that more legal but no order. This paper attempts to analyze the problems atthe practice of the1950"marriage law", then reveal practical limits of the constructivistrationalism and the presence of paradox, and finally cause to rethink and vigilance the way ofconstructs the order by law.This paper consists of four parts besides the introduction and conclusion.The first part focuses on the legal theory of the Constructivist rationalism. In this part,the author firstly elaborates that how can the law construct the order be possible, and thendiscusses the law how to construct the order, finally narrate the popularity of theConstructivist rationalism in china since modern times.The second part mainly introduce the1950Marriage Law which with dense color ofConstructivist rationalism. In this part, the author emphasis on the color of Constructivistrationalism in the1950Marriage Law, it means that the new order of marriage and familycould be established by the perfect law.The third part focuses on revealing the predicament of the1950Marriage Law inpractice. By revealing the predicament of the1950marriage law, this part is just for having anforeshadow for the following chapters. Through the above foreshadowing, the author point out the paradox of the Constructivistrationalism in practice, and show the merit of this notions, but if we can’t properly solve theparadox of existence, we will get a counterproductive result.The ultimate purpose of this paper is to through the practice investigation of the theoryof Constructivist rationalism, to show its merit and the historical rationality, but the finalpurpose is to reveal the dilemma of the theory in practice, to alert the blind superstition ofconstructivism rationalism.