Research On The Legal Source Of The Doctrine Of Law

The statute law,case law and customary law as official sources of law all around the world are the propositions we often discuss.The doctrine of law is the integral legal source in the construction of the legal system.Although it is only minor legal source in many countries,it can get rid of the original shortages which formal sources cannot solve and it can make the legal system more integrity.Especially in Western countries,the doctrine of law plays a significant role in the law interpretation by judges,explaination by jurists and codification.Compared with western countries,the position and function of the doctrine of law seem a little unclear.In this paper,author will inspect the history of the legal source of the doctrine of law,discussing the difference between the doctrine of law in the West and China.I hope to gain experience from the western legal system and the doctrine of law can play a bigger role in the legal construction of our country.The research of this article is divided into five parts.The first part is making theoretical interpretation for the doctrine of law and discriminating with other related words.The second part is examining the historical evolution of the doctrine of law on the period of slavery,feudalism and capitalist in the West.The third part is examining the historical evolution of the doctrine of law on the period of slavery,feudalism and semi colonial and semi feudal in the China.In the fourth part,I will analyse the causes of differences on the legal source of the western doctrine of law and China.The last part is based on the current legal status of legal source of the doctrine of law and discusses the feasibility of the role of the doctrine of law in the development of the rule of law in china.