Jurisprudential Study Of Idling Of Legal System

The legal system's idling refers to the actual operation of legal system,but most of the time it's a phenomenon that can't produce actual effect.China is in the period of social change and social transformation.The legal system's idling is clearly a resolution of the rule of law,which seriously hinders the integrated construction of the country,the government,and the society under the rule of law in China.Therefore,it's of urgent practical significance to treat the disease of idling of legal system.The analysis of pathogenesis is the premise of the treatment scheme.Though analyzing legal system's idling,its pathogenesis mainly includes four reasons: legislation,administration,judicature and law-abiding.The reasons for legislation include legal loopholes,conflict of legal norms,poor legal operability,and not acclimating to the law of transplantation.For administration include the phenomenon of transgress surplus,and logic deviation of law enforcement.For judicature include judicial local protectionism,administration and corruption.For abiding the law include weak legal consciousness and lack of legal belief.The legal institutions' idle can be regulated through legislation,administration,judicature and law-abiding.Including the path of legislation,first,we should improve the quality of legislation,reform and abolish the law in time,strengthen and improve the existing legal interpretation system,establish and improve the guiding case system to fill the loopholes in the law;the second is to pay attention to legislative coordination;the third is to strengthen the legal interpretation through three aspects: the legislative interpretation,the strengthening of the judicial interpretation and the formulation of the administrative interpretation;forth,we should achieve the organic integration of transplanted law and local resources by establishing the concept of first awareness,highlighting transplantation of legal theory and basing on the national conditions.The path of administration includes making the administrative discretion standard.The two is to strengthen the case guidance system by standardizing the request reply system,establishing administrative case guidance system and creating guiding administrative cases.The path of judicature includes: one is to break the judicial local protectionism by changing the vertical supervision of the judicature for the vertical management and the balance of the distribution of judicial resources;the two is to restrain the administration of judicature by reshaping the function of the court and obstructing the administrative factors to interfere with trial;the three is to govern the judicial corruption by improving the judge's material treatment and material guarantee and perfecting the supervision and supervision of the judge group.The path of law-abiding includes cultivating social legal consciousness through striving to carry out the rule of law education and deepening the reform in an all-round way;the other is to rebuild social law belief through cultivating citizens' consciousness of rights and citizens' trust in law and government,improving system construction and legal education.