A Probe Into The Jurisprudence Of Advocacy Norms

There are a large number of legal norms in China’s legal system that encourage behavioral subjects to do specific behaviors.These norms are quite different from the legal norms that we usually touch.The academic circles call it advocacy norms.The number of such norms is large,and it shows an increasing trend year by year.It is increasingly showing its unique and important significance.However,in contrast to this,there are few scholars involved in the study of advocacy norms in the field of jurisprudence.It is lack of general theoretical analysis and monographs of advocacy norms.Therefore,as a study of basic theory,we should still conduct an in-depth analysis of this norm from the level of jurisprudence.This article will be divided into five parts for discussion.The first part conducts an empirical analysis of the advocacy norms in the current legal system,and starts from the legislative terms to count the relevant laws and regulations.Also,by the summary of legislation,tht author cincludes the current application fields of advocacy norms.The second part is to further define and identify the advocacy norms.The aiticle proves its generality by discussing the advocacy norms belong to the legal norms,and proves its particularity by clarifying the differences between the advocacy norms and the mandatory norms and arbitrary norms.The third part mainly discusses the necessity of the existence of advocacy norms.Firstly,thearticle reveals the essence of its "power discourse",and then discusses it from two aspects:theoretical value and application value.The fourth part and fifth part put the perspective into the application of advocacy norms.It puts forward the problems existing in the application,and puts forward the applicable suggestions from the perspectives of legislation,justice and execution.