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The Unity Of The Value, Norm, The Fact Under The Order Of Law

Posted on:2016-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:J DengFull Text:PDF
GTID:2296330470464031Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China has always adhered to the "ruling the country by law and building a socialist country ruled by law" strategy through the construction of law and order to guarantee the normal operation of the social order. With the development of society, legal phenomenon is increasingly complex. The present legal system needs to adapt itself to the social development in order to safeguard the social order of law. Presently, the values in the society are diverse and there are differences in people’s values due to their family environment, educational background and the different value orientations. The diverse value concept is a challenge to the construction of order of law. Therefore, the following measures should be taken: highlight the social mainstream values and promote the unity of the intrinsic value; the correct use of legal norms to form a standard system of supremacy of law; in legal practices, the law should be taken as the basis of behavior and the social reality should be fully respected. The objective law of the social core value concept development should be followed. Thus, the discussion on the unity of value, norm and fact has important theoretical and practical significance on the construction of order of law. This paper mainly expounds the unique features which make the order of law different from other social orders and digs out the connotations of order of law through the process of law operation. The research methods including the value analysis method and the empirical analysis method have been employed in this paper. The value judgment in the cultivation of civil law consciousness and the legislative and judicial procedures has been expounded through the listing of typical cases. And the value concepts have been applied to the practice to guide the "legislation, revision and abolishment" of legal norms. Through the efforts in all aspects, the rationality and legitimacy of order of law have been interpreted to indicate the direction for the future construction of the order of law.
Keywords/Search Tags:Order of law, Value, Norm, Fact
PDF Full Text Request
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