A Study On Jurisprudence Of Citizens' Legal Application

After the formation of the socialist legal system with Chinese characteristics,the key to moving from the legal system to the system of rule of law depends on the effective implementation of the law,constantly turning "the law on paper" into "the law in action." To give full play to the actual effect of the law,the implementation of the law has become a major practical task to promote the rule of law in an all-round way.According to the common law theory,the implementation of law mainly includes four ways: law compliance,law enforcement,law application and law supervision.The prominent feature of law enforcement in China is the state-led mode of implementation.The theoretical research paradigm of law enforcement is generally influenced by the thinking of state-led law enforcement.The results mainly focus on the perspective of national law enforcement,the status and role of citizens in the implementation of the law has become a long-term issue.The author puts forward the task of ruling the country by law in an all-round way,forming an efficient implementation system of the rule of law,building a country ruled by law,a government ruled by law,and a society ruled by law at the Fourth Plenary Session of the 18 th CPC Central Committee.Reflecting on the practical process and theoretical achievements of the implementation of law in the past decades in China,this paper analyzes the outstanding problems in the process of the transformation of the construction of the rule of law at present,and puts forward the need to attach importance to the main role of citizen law in the implementation of law.We will improve citizens' ability to apply laws in an all-round way.The state-led mode of law enforcement faces the problems of citizen autonomy,initiative and participation in the transformation of the construction of the rule of law society in our country,which is more subjective,active and participatory than the law-abiding citizen's application of law.The application of citizen law runs through the whole process and omni-directional of the law enforcement,and is an indispensable and necessary stage in the construction of the rule of law society.In this paper,the author will use the historical analysis,theoretical analysis,comparative analysis and case analysis of research methods,using sociology of law,behavioural law and other disciplines of vision to carry out research.First of all,to study the status of the application of citizen law in the system of law enforcement.Function.Startingwith the concept of law enforcement,this paper analyzes the basic theory of law enforcement in our country,analyzes that the mode of state-led law enforcement is the characteristic of law enforcement in our country,and clarifies the historical stage and practical task of the turn of the construction of national rule of law.This paper analyzes on the influence of state-led law enforcement,reflects on the research perspective that citizens' legal behavior has been neglected for a long time in the academic circles of our country,and highlights the position and function of citizen law application in the implementation of law.Put forward the citizen law application will become a kind of new expectation in the law enforcement.Secondly,it explains the basic legal principle of the application of citizen law.On the basis of studying the basic concept of the application of law,we can trace back to it.Based on the theory and thought of the application of law,this paper sums up four basic attitudes of Chinese citizens in the application of law,analyzes on the factors that influence the application of law,and examines the six types of the application of law by citizens in our country.This paper studies the field and dynamic factors of citizens' application of law.Thirdly,using the methods of comparative study and case study,this paper examines the current situation of citizens' application of law in China and foreign countries,through two cases to see the law-abiding situation and the way of safeguarding the rights of citizens in our country,and uses the method of literature research to focus on the study of beauty,law and Japan.The actual situation of citizen law application in the new four countries is compared and analyzed,and the ability of citizen law application in our country is more developed than that of rule of law.The weak state studies the performance and reasons of the lack of citizen's legal application ability in our country,and analyzes the experience and enlightenment to our country in the application of citizen's law outside the country.Finally,put forward the path to improve the ability of our citizens to apply the law.Some suggestions are put forward from the aspects of cultivating modern citizens under the rule of law,cultivating the motive force of citizen's legal application,constructing the channels of citizen's legal application,perfecting the system guarantee of citizen's legal application,and strengthening the environmental protection of citizen's legal application,and so on.In the conclusion-the application of citizen law is a revolutionary call for the construction of a society ruled by law.The innovation of this paper is that the application of citizen law is a new academic perspective to study the implementation of law,and a preliminary exploratory study is carried out for the construction of the basic theory of citizen law application,from the perspective of the application of citizen law for a country ruled by law.The construction of the rule of law society provides a new theoretical thinking.