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Where Is The Legal Authority?

Posted on:2016-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y XieFull Text:PDF
GTID:2296330470476260Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
The authority of law is not innate,the coercive power of the state can not easily set it up. The law should be most reasonable rules, legal rationality is the prerequisite of establishing the authority of law, and only can persuade people voluntary compliance with laws can gradually establish the authority of law. Rationality is the hidden law attribute of good law, the legal production, content, form, implementation contains a legal rationality.The legal rationality is a concept with connotation of the times. The western legal rationality is coincides with Hagel’s philosophy circle, it began with the God, and finally to find God, passed from God to rely on reasonable to rely on the computation of rheological process and form reasonable. China use ceremony will be day attribute fully into the right,right by legal rationality to give the complete.From the legal point of current China rationality of legal practice, there are two big problems. One is the law does not speak their own should speak of the reason, but to tell the truth(moral reasons), and with eyes closed and unreasonable. Another is, some legal use lame arguments and perverted logic or be savage and absurd. Specific ways to solvethe problem of Chinese should not completely follow the western, but should be rooted in the people, based on the present, scientifically reasonable, go out with China characteristic law-theory of the roadpsychology.
Keywords/Search Tags:legal authority, legal rationality, Chinese characteristics
PDF Full Text Request
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