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The Analysis Of The Connection Between The Family Law And National Law On The Basis Of The Family Instructions Of Yan

Posted on:2020-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:J K ChenFull Text:PDF
GTID:2416330572484646Subject:Law
Abstract/Summary:PDF Full Text Request
Family laws and regulations played an important role in ancient Chinese society and had a positive interaction with the official order of the state in the common development of history.This paper discusses the significance of family laws and regulations by analyzing the Family Instructions of Yan.This paper consists of six parts.In the introduction,the first chapter points out the relationship between family law and national law in the historical process,and emphasizes that family law still has vitality and research value today.Furthermore,it points out that the family law regulations represented by Family Instructions of Yan have insufficient attention in the field of legal research,and illustrates that this paper will focus on the important factors that contribute to social governance in the family law regulations from the perspective of law history,law sociology and other disciplines of law.Begins the first chapter,the concept of"home”clear out that the definition of the scholars of domestic discipline are analyzed and compared,emphasizing the different name of family law does not affect the interaction with the national law analysis and understanding of modern enlightenment,and the historical context of family law generalizes the main content and,to a more comprehensive introduction to the civil order.The second Chapter with the text analysis of the"Family Instructions of Yan",through the study of the interpretation of the content of the standard significance and statistical methods such as,boldly from the acquisition of relationship building,and his body is for fan's concept of go-vernance and public view of autonomy consciousness at three levels on the refactoring,and concluded that family law should play a bigger role in social governance point of view.The third chapter through local resource theory,law and mass culture,as well as traditional method of anthropology from a historical resources,social and cultural care and the concept of knowledge demonstrated in three aspects:the family law interaction theory support with national law,puts forward the family law is an important part of the local resources,has a profound cultural foundation,and from the perspective of anthropology emphasizes the social governance should refocus on the role of humanistic notions.The fourth Chapter at the social level discusses the family law interacts with the national law in concrete way,proposed the family rules is to realize the social member's rights prior standards,the isomorphism of social system for family law shaping effect,family law in effect because of the widespread mass base of endogenous advantage and governance of family is better than that of the efficiency of the national law and national criminal,civil legal norms such as mutual support,mutual penetration between point of view.The fifth chapter introduces the modern value presentation of family laws and family regulations,respectively puts forward the emphasis on the human nature of law corresponding to the relationship between five ethics,and puts forward the awakening of people's self-governance consciousness corresponding to the concept of merit,as well as the view of multi-governance of the society corresponding to the concept of social governance that the family is the norm and the country is in the same interest.In the last conclusion,in view of the strong promotion of family laws and regulations by the authorities at present and the public's conscious enthusiasm for learning family laws and regulations,the author reaffirms the significance behind them in order to strengthen the humanistic care and realistic position of the law.
Keywords/Search Tags:Family Instructions of Yan, Family law, National law
PDF Full Text Request
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