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A Study On Legal System

Posted on:2020-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2416330590460762Subject:Legal theory
Abstract/Summary:PDF Full Text Request
China's customary understanding of the legal system from the perspective of sectoral law has increasingly shown its limitations: the theory of legal system is difficult to guide legislation and judicial practice.The legal system theory of analytical jurisprudence represented by Raz can be used for reference.We need to attach importance to the study of the legal system structure and clarify the mechanism of action among the various parts of the system so as to achieve overall consideration in legislation,fill legal loopholes in the judiciary and resolve legal conflicts.In addition to the preface and conclusion,this paper is divided into four parts.The first part deals with the concept of legal system.This paper holds that the body of law has both objective and subjective attributes,and the latter is worth studying.There are obvious differences between domestic legal system theory and western legal system theory.It is customary in our country to understand the legal system from the perspective of the legal department,while the analytical jurisprudence tends to use it as a conceptual tool to deepen people's understanding of the law.The second part reorganizes the development vein of the legal system theory of analytical jurisprudence.Austin,Kelsen and Hart's theories are quite typical.This chapter reviews them.The third part reorganizes Raz's theory of legal individualization and legal system structure,and points out the need to understand his view of law from the perspective of situation.The fourth part discusses the significance of the legal system theory of analytical jurisprudence.The theory of legal system has the function of cognition and guiding practice.The theory of legal system of analytical jurisprudence can be a useful supplement to the existing theory of our country.
Keywords/Search Tags:Legal System, Raz, Individualization of Law, Structure of the legal system
PDF Full Text Request
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