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Why The Law Has Failed

Posted on:2015-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y CaiFull Text:PDF
GTID:2296330467467883Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Attentions were paid to Zhoukou in Henan province because of its “flat grave”socialmovement in2012. Academics,like Zhangrun Xu,Zhongqiu Yao,Fengtian Zheng,XuefengHe,appeal government of Zhoukou to call off flatting grave.They suppose that this movementhas overturn the tradition of Filial piety and destroyed Chinese culture.After analyzing thewhole event,I conclude that relational laws has failed in running society. At this paper,Iattempt to combining theory and practice with Zhoukou flat grave.And then,finding thereason of this social movement is my goal.Only in this way,can I propose the solutions toresult problems.The specific content of this paper is below:At the first part,I summarize the theory of law effectiveness and law fail afterenforcement as theoretical basis.At the second part,from what happened in country in Zhoukou,we can catch that FuneralRegulations and Henan Funeral management approach runs poor.It shows that almost all thepeople break the laws,correspondingly enforcing law is difficult,people are unwilling tocomplying with the laws above and break them again and again.These phenomenon prove thatthe laws enforce fail.According to this situation,I think it is probably for the followingreason:firstly, the conflict between laws and social customs leads to not only the increase ofcost of law enforcement,but also the shortage of the basement of values and culture.Unfairand improper administrative behavior causes the lose of law authority.Thirdly,withoutsupports by laws,additionally the Grassroot autonomous organization did’t make governmentknown people’s attitude about flatting graves, people had to break the laws to protect theirancestors’ graves.According to the reasons above,at the third part,I supply three tactics to void the lawsfail.In the first place,we must deal well with the relationship between laws andcustoms.Specifically,it concludes that we should pay attention to the importance of customsand choose a gradual way to change the customs. In the second place,We can use enforcementskills,such as shaping favorable public environment,correcting enforcement attitude,enforcingharmoniously and fairly and respecting customs, to avoid law failure.In the third place,weshould enforce the communication between government and citizens through the grassroots autonomous organization.at the same time,we must ensure that all the people have rights toappeal and legal aid is available.meanwhile,the social effects of law enforcement must be paidattention.Last but not least,I summarize how to void the failure of laws in general conditions.
Keywords/Search Tags:ZhouKou grave-leveling case, laws fail, social effect, legal aid
PDF Full Text Request
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