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Compare Research On "the Concept Of Law" Between Bentham And Austin

Posted on:2014-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:K YangFull Text:PDF
GTID:2296330425979210Subject:Legal theory
Abstract/Summary:PDF Full Text Request
With the continuous deepening of reform and opening up, in China’s rural areas aprofound change have taken place in the political, economic, and cultural aspects, and thediversification of the economic growth mode causes the lifestyle and thought patterns of thevillagers beginning subtle shift. Although China’s rural areas are still a relatively closedenvironment, however, the circle of life of the villagers were no longer confined to the"acquaintance society" they are familiar with, they contact with the outside world more andmore. The ensuing disputes arising in a variety of exchanges. The types and quantities ofthese disputes can be compared to previous simple rural disputes, both qualitative change anda quantum leap.In rural villages "bully",as a group, have been prevalent. The behavior of this group isdifferent from the "Mafia" gang, but also different from the ordinary villagers. Their presencein rural areas, if not what a serious impact on the villages in order, but it can not be ignored. Aconcern to us, they are increasingly involved in the rural disputes. The widespreadinvolvement of rural disputes varying degrees of impact on rural areas, the most intuitivelevel is, the impact of dispute resolution in rural areas, followed by rural law and order, andfrom a broader and deeper observation of their behavior involved in the dispute, it alsoaffects the overall order of rural society. Rural existence of the "bully" and the phenomenon oftheir intervene in disputes, are inextricably associated with factors such as politics, economy,culture, rule of law and social environment. As a result, research on the phenomenon ofvillage "bully" involved in rural disputes may reflect the status of the rule of law in China’srural social status from one side, and reality factors may be provided as a useful reference forChina to improve the legal system building.In this paper, I make the structural analysis of Henan Province, a village of cases, morecomprehensively, in-depth understanding of the behavior of “bully” involved in disputes inrural areas, combined with literature data to explore the cause, manner and effect of village"bully" intervention in rural areas dispute. The objects of countryside "bully" research is agroup with a "big bully" as the head of it, and several relatively capable "bully" as the main members. Their individual and group characteristics are coordinate to the typical of thisperiod. On the basis of a certain understanding of the village "bully" involved in rural disputes,I make a legal analysis of this phenomenon and the analysis of the legal issues involved.This article includes the following six parts:The first is the introduction. This part expounds the origin to the central theme of paper,research on it, and the research methods and summarizes the purpose. The first part definesthe concept of the village "bully". This section defines the usual sense of the rural "bully"concept and the concept discussed in this article; the course of development of the rural"bully" group. The second part introduces a case of a rural in Henan Province, which is avillage “bully "group. In this part, by studying the acts of solving problems by “bully”, Idescribe the relationship between them and rural disputes resolution. The third part elaboratesthe relationship of the village "bully" and rural dispute resolution. That part is the focus of thisarticle, including the recent situation of rural disputes resolution, the types and characteristicsof disputes the rural "bully" involved, and how to intervene in the dispute and the effectsthese five aspects. The fourth part is the legal analysis of village “bully" intervene in ruraldisputes. With legal perspective, I expand on such behavior of the village "bully" to resolvedisputes and the effect of it. The fifth part is the conclusion. This part summarizes the wholequestion involved from the aspect of the social transformation and development of ruralsociety.
Keywords/Search Tags:rural “bully”, disputes in rural area, disputes resolution
PDF Full Text Request
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