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The Research Of Law Authority

Posted on:2018-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z K RenFull Text:PDF
GTID:2336330539985257Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In the present judicial environment,people don’t trust the law,especially in the recent growing injury news that the judges were harmed by the parties.I abstracts the paradigm of law authority through historical development of law authority showing that from the authority to the law authority,from the authority made by god to the authority made by men,from the abnormal state to normal state,from disordered state to the state of the legal order.Then this paper analyzes the elements and subject of authority.Law authority includes the elements of order and normalization.Law is set in free will,is the existence way of normative efficacy of law.The law order is the premise condition of the normalization and the overall performance of the effectiveness of law.Normalization is as opposed to conventionality,and the expression of effectiveness.The source of the efficacy of law is the basic norm.Normalization preforms the correlation between powers and duties,rights and obligations in legal relations.Normalization consists of the efficacy of law and constraint.People will be forced when they violate the duty and privileges that are in the law constraint.The things that is to be are solved by the normalization.The objective facts will be transformed to be law acting which has the law meaning and the character that should be.The efficacy of law will be solved by the law order.The rule of law is norm logic.Forbidding norm can be transformed to obligatory norm by the rule.Law standard effectiveness and standardize the binding constitute the normative method,belongs to the two sides of laws to the violation of the binding code for special obligations and privileges,will be given in the norms of the excitation method of effectiveness to solve it is a mandatory laws with reality attributes objective fact behavior according to the order of law regulates imputation principle into natural attribute and objective law significance of legal behavior;Legal order to solve the overall efficiency is the foundation of law norms on which effective imputation specification standard operation rule is standard logic,specification and command specification belong to a specification,they can transform each other.The subject of law is the people as sovereign in the modern national political system.Sovereign and people have homogeneity,the authority of law made by sovereign is the authority of the people.Finally,the article puts forward a new angle of view by introducing humanism paradigm of law and the principle concluding fairness and scientific,forgiveness and restraint.
Keywords/Search Tags:Law authority, Order of law, Normative, Authority of the personality
PDF Full Text Request
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