Study Of The Leal Effect Of The Source

In the field of jurisprudence, the study of legal validity has achieved some success, but stillthere are some problems viewing from the overall breadth and depth of the study. The problemthat how law can be effective is still not clearly defined, and the modern concept of the rule of lawput forward higher demands on the legal validity. The introduce of legal beliefs and the concept oflegal authority has made the problem of the source of legal validity more confused. The key toexplore the essence of legal validity is to define the source of legal validity. Through theintegration of several ideas, the source of legal validity should be divided into two levels, theformal source of legal validity and substantive source of legal validity. In this paper, the formalsource of legal validity comes from state coercive power, the source of substantive legal validitycomes from legal consciousness of members of the community based on the long-termpractice.The appearance of the source of legal validity and substantive secondary level is a truereflection on the understanding of Hart’s "internal point of view" and "external point of view".Thus, this paper introduces Hart "internal point of view" perspective. Through the detailedexposition of "internal point of view", we have more clarity on the two levels of the source oflegal validity. More importantly, the introduction of "internal point of view” perspective to thetheory of the source of legal validity is in favor of improving the effectiveness of our theory.Thinking along this theory, the paper except for the introduction and conclusion,is divided into three chapters. The first chapter is mainly about our theoreticaloverview of the source of legal validity. Through the definition and distinction ofrelated concepts, we can sum up the current status of research on views of legalvalidity and then propose two levels of the source of legal validity. The secondchapter is mainly about the analysis of the "internal point of view". We introduce“internal point of view" perspective for specific interpretation, so that we have a betterunderstanding of the source of substantive legal validity. The third chapter is mainlyabout the inspiration of "internal point of view" on China’s source of legal validity. Itpoints out that the introduction of "internal point of view” perspective to the theory ofthe source of legal validity is in favor of improving China’s theory of legal validity.