Analysis Of Bentham Utilitarianism Legislation Theory

The development of Britain's industrial revolution,capitalism legal system had been established,which led to Bentham utilitarianism theory.Bentham utilitarianism legislation theory thinks that the need of people led to legislation and law.Accordingly,Bentham proposed legislation is the purpose of utility.Bentham focused on studying the function of law from the angle of legislation.He thought that legislation could promote happiness,metaphysical law could not solve real problems.At present,in terms of the ongoing Chinese legal construction,the practical function of legislation has a reference value,indeed.For example,to pay attention to the combination personal interests with social interests.In our country,according to economic development,we should not only pay attention to the interests of the individual is satisfied or not,but also the effective combination of personal interests and social interests.Otherwise,interests will not happen.Although Bentham theory has some inherent defects,in view of urgent need to guide the legal construction,and the present situation of domestic legislation lack of serious attitude to utilitarian theory.Therefore,the author thinks that the value of in-depth analysis of the theory by itself has a great significance to the legal construction of our country;this is what the article wants to solve.The article wants to study of Bentham utilitarianism legislation in-depth,and try to eliminate the prejudice to utilitarianism,exploring the theories reference for our country under socialist legal construction.The paper is divided into four parts:first of all,defining the true spirit of Bentham utilitarianism legislation,and studying era background of Bentham thought,in order to further explore the content and characteristics of the theory.Then,expounding Bentham utilitarianism characteristics,and by analyzing its characteristics,stating the pros and cons makes people construct right attitude to utilitarianism.Again,analyzing the composition of utilitarianism,and studying utilitarian legislation in-depth.Finally,summarizing enlightenment on utilitarianism legislation to the legal construction in our country could provide a reference to our legislation theory.