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The Implantation And Formation Of Law Belief

Posted on:2017-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2296330503457691Subject:Marxist theory
Abstract/Summary:PDF Full Text Request
In October 2014,the fourth plenum of the eighteen of the communist party of China. The meeting focused on the rule of law,from the legislation,the government under the rule of law,the judicial field,consciousness of rule of law,the rule of law team,the leadership of the party and so generous in the face of advancing the rule of law has carried on the strategic deployment, "the rule of law",is pushed to the unprecedented height. Standing in the new height and looking back to history, you can see the rule of law construction of our country for decades made remarkable achievements, but there are also many worrying problems at the same time, among them, the problem of the lack of legal faith should cause our special attention.Legal belief is put forward from the American jurist Harold J. Berman,this idea is introduced into our country academic circle after the debate legal faith never cease. This paper holds that the idea of legal faith is not a fallacy,regardless of legal faith or legal faith is real. Legal faith and religious beliefs are different, is rational, it is the main body after the emotional experience of the law of inner fear, recognition, looking forward to, comply with and trust. Legalfaith is of great significance to the rule of law construction of our country,it reflects the public recognition, for the method of value reflects the law of running status, also reflects the degree of advancing the rule of law. In this paper,through literature analysis, comparative analysis, case analysis and other research methods, on the meaning of law belief,illustrates the main body,object and so on the basic theory, demonstrate legal faith of our country’s realistic significance. Status of the rule of law construction in China, especially the outstanding problems that exist in the judicial practice, and to use his experience of judicial case for cuts, analysis points out that the current our country is lack of law belief, legal faith strength weak status quo, explore the causes of the two aspects of history and culture and social reality. Legal faith form Rome was not built in a day, the implantation of legal faith is a system engineering, to achieve the goal of "form",it depends on the targeted of "cultivating" work, to be specific,through promoting the transformation of traditional legal culture and the social concept, raise the scientific nature of the legislation, limit the abuse of power and realize judicial independence and improve judicial credibility,enhance the depth of the dissemination activities and targeted way.
Keywords/Search Tags:legal faith, law-based governance, lack, cultivating
PDF Full Text Request
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