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Research On Effectiveness Of Law Under The Laws Of Multiple Perspectives

Posted on:2015-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y A GuoFull Text:PDF
GTID:2296330431988171Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As one of the basic questions the effectiveness of legal jurisprudence, it is concernedthat the legal effect of the actual operating conditions and in the implementation process.Despite China’s socialist legal system has been basically formed, the rule of law has alsobeen generally established goals, but lack of effectiveness of the law still worryingphenomenon. Through extensive literature searches, it has been difficult to find legaleffectiveness attention of many legal scholars. Since most of the scholars are often basedon national law for the study of a dollar perspective to explore the legal effectivenessissues, while ignoring other important role in national law beyond social norms. Therefore,this article is drawing on a wealth of previous theoretical results based on the perspectiveof legal pluralism mainly define the legal effectiveness of the scientific connotation,explore the relationship existing between national law and civil law, and then describe andanalysis the effectiveness of our legal reality and its influencing factors, and try to proposeways on how to enhance the effectiveness of the law.The thesis is divided into six parts, the opening introduction raised the issue of lack ofeffectiveness of the law, and the legal effectiveness of the theoretical study and practicalsignificance for the construction of the rule of law. In addition to the introduction andconclusion, the article is divided into four parts.The first part is to introduce the theory of legal pluralism and legal effectiveness,establishing logical structure between the two, on the one hand to have a basicunderstanding of legal pluralism, on the other hand the concept of re-defining the legaleffectiveness, to construct a legal analysis of multivariate perspective effectiveness of theframework. The second part and the third part is the core of this paper analyzes the statusquo of China’s legal effectiveness, we must first establish the effectiveness of theevaluation criteria and evaluation methods laws, the author is based on a literature reviewon the subject presented in a different judgment based on the intrinsic and extrinsic twoevaluation criteria and quantitative indicators, while the role of the author use analysis,systems analysis and theory of law and economics analysis of the effectiveness of the legalissues to explore. On this basis, the author carried out mainly through the existing relationsbetween the State of law and civil law studies to further evaluate the effectiveness of thecurrent legal status, and the effectiveness of our legal factors were missing andsummarized, and then presented Three main factors, including the interests, habits, body. The fourth part on the basis of summing up the reasons, trying to legislation, lawenforcement, judicial, law-abiding, legal supervision proposed five ways to enhance theeffectiveness of the law. In the last part of the article re-emphasized the importance of theconclusion of the study the effectiveness of building a socialist rule of law, but hope tohave more scholars into question the effectiveness of the legal research, enrich the theoryof knowledge, to better guide the practice of law.
Keywords/Search Tags:legal effectiveness, legal pluralism, civil law, enhance the effectiveness
PDF Full Text Request
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