Interpretation And Thinking Of Comparative Law Of Multiple Laws

The theory of legal pluralism was first proposed when studying the model of colonial rule.Later,scholars discovered that the basis of the existence of pluralism in law is the diversity of culture,so the perspective is turned to the Western countries outside the colony.It is for this reason that the legal pluralism has extended a research path.In addition to studying the pluralism of non-colonial law,some scholars have examined the issue of legal pluralism from a global perspective.Based on different perspectives,scholars have proposed many different theories about legal pluralism.The root of legal pluralism lies in the diversity of culture.The multicultural culture of the West also provides materials for Western scholars to study their own legal pluralism.Chinese scholars have introduced the theory of pluralism of law and began to examine the problem of legal pluralism in China.However,scholars have different opinions when studying the issue of legal pluralism in China.It is not just that there are different views on whether there are multiple problems in history.There is no agreement on the existence or non-existence of the current legal diversity in our country.The first chapter sorts out the domestic diversified views on law and finds that the domestic disagreement on the pluralism of law is mainly reflected in whether the law in the pluralism of law has an inevitable connection with national sovereignty.One party thinks that because the law is essentially determined by the state attribute The one-dimensional characteristics of the law,one party believes that a relatively broad interpretation of the concept of law should be made,and the law is not necessarily linked to national sovereignty.It is precisely because of this disparity in the judging criteria of legal pluralism that the opposite conclusion can be drawn,because the concept of the law on which both parties are based is different.The second chapter is mainly about the interpretation of legal pluralism in the Western legal tradition.Since the law is essentially a manifestation of culture,different cultural backgrounds will inevitably lead to different pluralistic legal cultures,that is,legal pluralism.And the pluralism of the Western medieval law also presents a feature that is different from the laws of other places.That is,the constant struggle between the authority of the pope and the authority of the king is precisely because of the existence of the pluralistic authority of the West,and each authority has its own legal system.Both sides developed and perfected themselves in the long struggle,and finally formed the Middle Ages.The legal pluralism of the characteristics of western legal culture system.And this kind of legal pluralism plays an important role in the formation of Western legal traditions.The Western legal pluralism is a characteristicof a specific historical period,which is typically different from other places.The third chapter explains the legal pluralism in Chinese history and reality,and discusses the relationship between legal pluralism and Chinese legal tradition.The fourth chapter mainly compares and sorts out the pluralism of law in China and the West,compares the pluralism of Chinese and Western laws and the legal system,and compares the difference between Chinese and Western in legal pluralism.It also attempts to explore the intrinsic relationship between the “one dollar” or “diversity” state of the law and the sovereignty of the state,which has a potential impact on the formation of a rule of law culture in a country.The fifth chapter analyzes whether there is a problem of pluralism in Western law in China.Some scholars in China believe that the pluralism of law should be regarded as normative pluralism,because "civil law" and "customary law",including "religious law",are not available in China.The objective environment like the West,the pluralism of the Western law has an important significance for the formation of Western legal traditions and for the modern Western rule of law.Western legal pluralism is the judgment of the legal culture under certain circumstances in a specific historical period.Obviously,Western modern society has changed a lot since the past,and the objective environment of legal pluralism has ceased to exist.However,Western legal pluralism still has an important impact on people's understanding of "rule of law" and "freedom".It is precisely because of the existence of multiple rights subjects in the traditional Western society,and the existence of independent and competitive relations among the various rights subjects,so that a clear range of spheres of influence will be formed,and within their respective spheres of influence,there will be a set.Your own legal system exists.This diversified legal situation is different from the multi-legal governance model of African colonialism.In China,because of the monopoly of sovereignty,under the sovereignty of one yuan,there can only be one kind of law linked to sovereignty;but the development and control of the state is difficult to achieve by national laws alone,so outside the national law.There is a normative system in parallel with national law,and these normative systems and the state have formed a benign interaction,and the state is inclusive,even “ leasing ” these normative systems to play their own role;at the same time,these normative systems are also invisible.Maintain the rule of the country.This "melting" relationship between the state and society has shaped the diversity of Chinese law.