Jellinek's Theory Of National Self-restriction

Georg Jellinek is a famous public jurist in the 19 th century,and its national doctrine has had a tremendous impact on German public law.The uniqueness of the Jellinek national doctrine is that he uses the method of synthesis and mediation to make the German public law in the 19 th century more perfect,as the core of the theory of national doctrine and the basis of the theory of public law rights,It is stated that the state,as a legal subject in the legal sense and in the law of international law,restricts its rights through legislation and compliance with the law and conducts selfrestraint in order to achieve its specific purpose.The state of self-restraint through the law makes the relationship between the state and the law clear,but also on the theory of public law in Japan and the development of the theory of international law is of great significance,the author intends to pass this article,the state of self-Motivation,meaning and influence of a more comprehensive review,which will help us to fully grasp the Georg Jellinek the common law of the country's national doctrine.The introductory part gives a brief introduction to the life of Jellinek,which is simply listed in the main points of his country's doctrine in order to better understand Jellinek's doctrine and theoretical system.The first part is the background and ideological origin of the Jellinek national doctrine.Through the overview of the background of the nineteenth century and the development of the German national doctrine,the necessity and timeliness of the Jellinek national doctrine is clarified.Followed by the introduction of several ideas that influence the formation of the Jellinek theory,mainly through the way in which Jellinek's doctrine theory specifically reflects these doctrines.The second part is the basic idea of national self-regulation.Through the above macro theory of the national doctrine,to elaborate on the national self-limiting theory.First of all,the relationship between national autocratic theory and Jellinek national doctrine is introduced.Secondly,it analyzes the transcendental basis of state selfdetermination and finally analyzes the inner deduction of national self-Its specific content.The third part is the theoretical and political influence of the Jellinek national doctrine.The value of the theory lies in its meaning,Jellinek is because of its novelty of the theory of public law in Germany has been the concern,but also because of its unique and critique,through the national doctrine of the German public law,the Japanese state The positive influence of the theory of theory and the questioning and revision of the scholarship of the Jellinek national doctrine by scholars such as Kelsen to clarify the important role of the Jellinek national doctrine and the state autocratic theory.At the same time,it analyzes the institutional reality of the Jellinek national doctrine as long as it is influenced by its influence on international law,German constitution and administrative law.Jellinek's national theory,although there is more need to improve the aspects,but its way to provide us with the significance of thinking is significant,so the historical significance of its national doctrine is worthy of recognition.The fourth part is the conclusion.The state has a great influence in the later generation has also produced a great controversy,and even some scholars directly against the "national ownership of personality," the self-limiting theoretical basis,but we must admit that,Jellinek actually the development of a non-governmental and social form,with universal,applicable to all modern state theory,and on the current country's constitutional,administrative law and other legal development,the Jellinek country Self-limiting ideas in which there is no doubt that the correctness.