On The Functions Of Contemporary Chinese Jurists In The Rule Of Law Construction

The rule of law is a kind of system design,and jurists are the important researchers and promoters of this system design.The contemporary Chinese jurists have been growing with the rule of law in China,and they have experienced a rough process and prosperous development,which has always played an important role in the construction of rule of law in China.At present,China is in the process of promoting the construction of rule of law,and it is of great practical significance to analyze the function of contemporary Chinese jurists in the rule of law construction.In addition to the introduction and conclusion,this paper consists of four parts:In the first part,exploring the rise of jurists.The jurist belongs to the intellectual part and has the independent character and the high sense of responsibility of the intellectuals.In the history of legal development,jurists played a leading role,which is particularly evident in Western jurists.Roman law can be respected by later generations,the Roman jurist's efforts contributed German jurists and Anglo-American jurists have played a huge role in promoting the process of reforming their modern legal systems in their countries.Ancient China does not have the rule of law in the West,and the Chinese jurists are formed in modern times.Due to the influence of special times and traditional culture,the modern Chinese jurists lacked their independence,and there is no discourse and social status of jurists in western history.Since the reform and opening up,China has restarted the process of building the rule of law,and the rise of contemporary jurists.The second part combs the Western functionalism theory.The term "functionalism" was first proposed by Malinowski.Malinowski argues that satisfying human needs is the most basic functions of culture.Brown is the community as the center,no longer regarded as a culture can be directly examined the specific entity.Merton of functional theory is in line with Malinowski and Brown's functional theory.Merton perfected the functional analysis paradigm,making structural functionalism into a new stage of development.In Merton view,"function" is an observable objective consequence that exists as a concept of a neutral word.This kind of consequence can be divided into "positive function" and "anti-function" according to the different nature of its role in society.In the "obvious function" and "hidden function" concept,Merton is more concerned about the hidden functions of the study.Functionalism theory has been a very classic paradigm in Western sociological theory.Merton functional analysis paradigm is a good analysis tool for analyzing jurist functions.The third part discusses the specific functions of the jurist in the construction of the rule of law.Using Merton functional analysis paradigm,we can better understand the function of jurists in the construction of the rule of law.The positive functions of jurists in the construction of the rule of law mainly includes legal research,legal education,participation in legislative activities and participation in judicial practice.Jurists in the construction of the rule of law highlights the strong explicit function,for example,in the development of China's civil law general principles,the jurist's own function play is essential,and then as jurists to cultivate legal talents,spread the rule of law,The rule of law provides a great deal of talent protection.The implicit functions of the jurist in the construction of the rule of law is relative to its dominant functions.The explicit functions is an objective consequence that helps the system to adapt and be perceived and perceived,and the recessive functions is not People think and realize the objective results.The fourth part analyzes the restrictive factors and the shortcomings of jurist function.The positive functions of the jurist function requires an external relaxed and inclusive political environment on the one hand,and on the other hand requires the jurist to have an independent personality,a critical and innovative spirit.The relaxed political environment provides a better condition and platform for the jurist's own functions.The independent character and critical spirit of the jurist is the inherent guarantee that the functions is given full play.The rise of contemporary Chinese jurisprudence and the rise of the jurist group are inseparable from the construction of political civilization and the improvement of the quality of jurists since the reform and opening up.At the same time some problems of contemporary jurists themselves should also be of concern.