Legal Philosophy Thinking On The Principle Of Legislative

Under the background of deepening reform and governing the country according to law,China will continue to be in the era of "big legislation".However,since the reform and opening up,the rich legislative practice experience has not extracted the legislative theory.Due to the political nature of legislation,legislative principles have historically failed to gain the attention of jurisprudence.Only thinking from the perspective of legal philosophy can fully cover the political and legal aspects of legislation.This kind of thinking is not to solve a specific problem,but to try to interpret a systematic explanation model for the principle of legislation from the perspective of needs theory.Based on Marx and Maslow's theory of needs,this paper analyzes the structural hierarchy and dynamic relationship of human needs system.The human needs system is divided into three levels,namely,basic needs,basic needs,and specific needs.The basic needs are divided into three levels,namely survival,development and self-realization.The basic needs are equal to the five-level needs of Maslow.The specific needs are those specific needs that everyone can feel in everyday life.Various needs struggle and coordinate with each other in order to achieve satisfaction in order to allocate limited resources.In this process,reason and belief are driven and manipulated as tools that need the system.Legislation is ultimately designed to satisfy social needs to the greatest extent possible.In order to maximize satisfaction,individuals need to maintain self-control.First,it is necessary to control the strengths and weaknesses of various needs and to generate and subside,that is,to shape their own needs through reason and belief.Second,at the same time,it is necessary to control the process of forming the will in the mind and the realization of the will in action.The process of self-control is accompanied by self-legislation.The legitimacy of the national legislative power in the form of its operation derives from the logic contained in the individual's self-legislation.The legitimacy of the content of the national legislative activity derives from the ultimate value pursuit of the individual's self-legislation.National legislation is to maximize the satisfaction of social needs.In the process of social control,the various needs of various groups are manifested as struggle and compromise in the will,and at the same time,the national will is formed through public reason,thus resulting in a law that regulates the actions of the social subjects.National legislation will eventually return to influence individual legislation to produce practical effects.First examine the interests and values from the need system theory.The interest is the satisfaction of the subject's needs.Therefore,inheriting the attributes of the need system is fundamentally determined objectively,but the performance at the specific level is subjective and relativistic.Value is the utility of the object's attributes to meet the needs of the subject,and is essentially derived from the "evaluation" of the subject's needs.Therefore,the core of exploring value lies in the discussion of value judgment.The value also inherits the attributes of the need system and is a contradiction system in which absoluteness and relativity coexist.Then combine the theory of self-control to examine the will and freedom,power and rights.Will is the need for some of the system's needs to be satisfied,and through the rational role of self-control formed.Freedom is the condition that comes from the need system to the formation,and then to the final implementation process.The will is to meet the needs,so freedom is the condition to meet the needs,in the political and legal areas more refers to the living conditions in the social relations.In social control,the freedom of the dominant is the power,and the freedom of the dependent and the disadvantaged is the right.Therefore,the power and the right are the same contradictory categories with the same essence and the same life.Legal rights and rights are the use of coercive norms to regulate or protect the relationship between power and rights that are of significance in social relations.Finally,it returns to a relatively specific level of significance.Theoretically speaking,based on the previous theories,we analyze the deep links between legislative activities and ideological work through the perspective of social control,revealing the two types of relationships between them,and taking the reality of our country as an example..In practical terms,it is roughly to use the dialectical relationship between power and rights to explore how to practice the principles of democracy and concentration in the party's legislative work,and thus help fulfill the "four good"demands of Xi Jin Ping.The above five paragraphs correspond to the introduction of the article and the first to fourth chapters respectively.