Legal Interpretation Of The Law Alienation

The rule of law is not only the symbol of modern civilization, but also is an importantpart of modern civilization and the driving force. Is building a socialist country ruled bylaw since Congress established the CPC’s basic policy.201318in deepening reform of thethird plenary session of the party also made it clear in the decision put forward theambitious goal of building the rule of law in China. That law plays an important role in ourcountry. At present, China is in the great practice of the Socialist legal construction process,ultimately points to the rule of law is the law implementation, if at some point a problem tobring the law on alienation, alienation, of the rule of law will be spontaneous vigilance,even repugnant laws, rule of law inevitably fell into a pipe dream. A jurisprudenceperspective in this paper to comb the general theory of alienation, of Western legal theoryof alienation in resource analysis and commentary, on the basis of the laws that exist inreal life phenomena and analysis of the causes of alienation, and to make recommendationsfor prevention and correction of legal means of alienation.Study on the legal problem of alienation, a jurisprudence perspective, the use ofempirical analysis, value analysis, and more, from general discussion to propose solutionsto specific problems of the theory of ideas. Key elements are as follows:Alienation and legal discussion of the theory of alienation. Around the concept ofalienation, alienation, the emergence and development of the theory of alienation theory oflaw related resources at home and abroad and summary and analysis of comments.Enabling us to better understand and master the legal theories of alienation. Westernalienation of relevant legal issues, more representative: luosike·pangde think that the law isan important means of social control, beginning of civilization is a demonstration of socialcontrol. Maintain and promote legal civilization is realized through the interests ofregulation and control; Max Weber in the form of rational laws and bureaucracy under thelaw may become cage bound people; Karl Marx considered legal ruling class maintains thedominant tools. Theory of the alienation of relevant laws of China where the legalalienation has many aspects, analyzed the phenomenon and causes of legal alienation andsummary. Western legal theory resource alienation in a commentary. On this basis the lawdefines the concept of alienation.II legislative, judicial, law enforcement, legal operation of three links as a clue tolegal phenomena, analyzing and summarizing the causes of alienation. Laws should protectpeople’s rights, meet the needs of people, safeguard people’s interests, but in real life, thelaw for some reason, result in an alienation. Legal forms of alienation of a draconian law,contrary to the legislative purpose, out of touch with reality; a miscarriage of Justice,actions "so they commmissioned a" culture of, judgments, judicial power until; ultra vireslaw enforcement law enforcement, law enforcement, violence, and other forms of fishing.Causes of alienation as long as it is from the legislative, judicial, law-enforcement aspects. Concept of deviation of the legislative principle of legislation does not implement, thelegislative process is not perfect; localization, administration of Justice, to disregard justiceand the judicial process of the blur; cognitive dislocation, administrative enforcement oflaw enforcement program is not perfect.Third, the phenomena and causes of legal alienation, tending to legal alienation ofpreventive and remedial approaches, relevant ideas. First of all, of perfecting thelegislation to ensure that good laws. Concepts behind establishing rights oriented, adhere toscientific, democratic legislation, improving the legislative process and, secondly,deepening judicial reform continues to increase judicial credibility. Elimination of theadministration of Justice, local, pay attention to procedural justice, expanding judicialpublic; and, finally, promoting the effective administration of the law strictly regulate justand civilized law enforcement. Improving law enforcement and construct the harmonioussociety, improving administrative enforcement procedures. Hope this article by researchinglegal alienation, alienation theory of law can be made humble.