On The Theory Of Kelsen Legal Norm

Hans Kelsen with his Pure Theory of Law is very important in jurisprudential circle. His theory brings much influence to development of western modern jurisprudence and has far-reaching significance on the study of jurisprudence in China .In kelsen's theory, "legal norm" is a core concept which is connected with "legal validity". Theme of kelsen's pure Theory of Law is composed of former two concepts. Through strict defining for basic concept, legal norm, Kelsen makes his statement of independence and distinctive nature of legal knowledge sound plausible and establishes the original academic theory, as well as promotes academic research to further develop. The foundation of Kelsen's legal norm theory is composed of nature and content of legal norm, basic norm and system of legal norms, etc. The study and analysis of these contents will lead to the accurate comprehension of the features of Kelsen's legal norm theory, the essence of which can be adapted to promote the perfect ion and development of construction of rule of law in China. This article attempts to make a preliminary exploration to Kelsen's theory from the legal norm perspective.This article is divided into four parts:The first part introduces and analyzes Kelsen's Pure Theory of Law, the definition of law, nature of legal norm and the content of legal norm which includes seven aspects: one, legal norm and rule of law; two, general norm and individual norm; three, primary norm and secondary norm; four, the principle of imputation of law; five, legal right and legal obligation; six, the validity of legal norm and effectiveness of legal norm; seven, the legal subject and the person.The second part analyzes Kelsen's basic norm as the reason of validity of the order of legal norms and system of legal norms, which refers to the contents of four aspects: one, the static principle and dynamic principle; two, logical unity of legal order; three, conflict between legal norms and its solution; four, hierarchical structure of the legal order.The third part analyzes the influence of Kelsen's legal norm theory on Hart and Raz. Among which, the influence of theory on Hart includes adoption and development of Hart to Kelsen's jurisprudence; the influence of theory on Raz refers to absorption and perfection of Raz to Kelsen's jurisprudence.The fourth part evaluates Kelsen's theory and studies the enlightenment of Kelsen's jurisprudence on the construction of rule of law in China. The evaluation on Kelsen refers to the status of Kelsen in jurisprudential circle, influence and contribution of Kelsen's theory to the development of jurisprudence and the advantage and disadvantage of the theory of Kelsen, etc. On the inspiration of Kelsen's jurisprudence to the construction of rule of law in China, the article analyzes the significance of Kelsen's theory to the construction of rule of law in China by connecting with concrete situation and practice of our country .His theory will instruct the study of relative jurisprudence and practice in China .The essence of Kelsen's abstract jurisprudence can be adapted to promote the development and perfection of our legal institutions.