Legal Practice Of Jurisprudential Academics

Jurisprudential academics who are intellectuals not only work at the main target of jurisprudential teaching and research,but also play as a role of lawyers,which cultivate lawyer professionals,work out perplexes of constitutionality,formulate its culture and stimulate its development by means of teaching the jurisprudential theory,methodology,legal institution system and content.They are as much indispensable human resources as important ones.Their intellectual contributions are the key to the every process of formulating,manipulating,maintaining legal institution.It's inevitable that jurisprudential academics may participate in the legal practice owing to the natural demand of constitutionality,the conscience of their irresponsibility and practical characteristics of jurisprudential knowledge.On the consideration that jurisprudential academics themselves are physical persons,knowledge can influence personality,but they are separate entities.They can't be mixed up as one entity.However,the law is characterized by justice and reason,while the personality of jurisprudential academics is diversified.Their critical thinking and meticulous logic can't be beneficial to all their acts,so it's not guaranteed that their acts can be dedicated to legal institution.If the legal practice of jurisprudential academics becomes the setbacks of constitutionality,their academic orientation would run counter to their ideal pursuit.Moreover,their social role would also be detained.Through my analysis of this dissertation research,the main factors of their legal practice causes are knowledge,authorities,relations and faces,etc.some of which display non-rule of law themselves,while,other of which are elusive objects,but display non-rule of law due to the incorrect application of jurisprudential methods.The study of these factors and phenomena of non-rule law can expose the problems of clashes against legal institution latent in their legal practices,so that they may be inspired closer to the academic root of "jurisprudence" and the identity of "jurisprudential academics".This study is the reflective thinking of the legal practices through the perspectives of legal institution.Firstly,this dissertation conducts an analysis of their role delineation.Secondly,further research is carried on the problems of various acts by the assorted cases of typical legal practics of jurisprudential academics in the fields of legislation and judicature;Thirdly,concluding study is composed around four factors,such as knowledge,authorities,relations and faces,etc.,which influence and control legal practices of jurisprudential academics,coupled with the suggestions on how to solve the clashes between these factors and legal institution.This dissertation states that such legal practices of jurisprudential academics,as the argumentation in legislation,the drafting of legislative bills and the examination of the legitimacy of standardized legislation documents,have distinguishing problems like passive status,authoritative monopoly,specification unity,democratic insufficiency.Jurisprudential academics should not be surrendered to any interests and specific positions in the name of the neutrality and academic,which is considered as a deceit by the advantage of their specification.In my dissertation,I agree that the aggressive specification enforcement would have problems of the transforming seizure of chances.Authorities have much to do with identity,power and monopoly,but possibly have conflicts with the equality,freedom and democracy of legal institution.Relations can downsize the opportunities of enforcement of law and illegal practices of judicial discretion,which does harm to the cultivation of jurisprudential spirits.Jurisprudential academics also take advantage of identity,status and even specification to achieve benefits for themselves and others.Faces also cause disagreement with the standardization and equality of the law.The dissertation asserts that the solutions to these problems must be referred to the rigid regulation,soft morality and cultures combining hard and soft methods.Those who are the individuality,collective academia,collective lawyers,public right servers,common social publicans and other jurisprudential academics.can play their peculiar role in solving problems.In all,in my dissertation,I am not opposed to the practices of their participation,which is their right,freedom and duty,but they should take cautions to the problems of non-rule of law during their legal practices.As the professional collectives of law researchers,jurisprudential academics should not follow the major paradigm of physical legal practice,but keep the practice of developing theories,methods,criticism and legal exposure.At last,I think jurisprudential academics should promote their effective thinking to penetrate into social institution,formulation standardization and realizing their roles in law education.