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Reasons For The Failure Of Legal Norms And Their Digestion

Posted on:2009-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q DongFull Text:PDF
GTID:2206360245976139Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Failure legal norms related to the field of jurisprudence two basic issues, namely, what is effective, and how the law in reality can be realized. Failure of the legal norms, laws regulating their own reasons, there are also other, more profound reasons. What is the face of effective legal, should be aware that in many poor implementation of the law, the rule of law itself is in line with the requirements of "good governance Law" and "good law" the requirements of these laws in reality there is a failure profound social factors, the thinking on the issue has even greater significance.The reason of the failure of legal norms, the first related to the development of a country is the legal effectiveness of the law. From a legal perspective on the effectiveness of the law will help us in a broader space and time to observe the law, then the law full play to the social control function. And the first step to solve the problem, should return to the level should be contingent of the legislation. Secondly, the judiciary is also very important process, the judiciary as the main legal professional community in a sometimes directly determine the effect of the operation of laws and regulations; At the same time, the judicial process has also decided to justice and the judicial authority and the credibility of referees, execution.China is a special post-modern country of the rule of law, in addition to the modernization of the legal system activated switch to the special period, should be a basic premise of theoretical analysis. This comes the centre of the legal reflection of a pluralist society and the role of the control mechanisms profound understanding also is that we should see the solution of failure of countries to develop the important theoretical methods.Finally, the failure of the legal norms digestion aims to build the legal order. Failure of the law regulating the digestion, the specific legal regime on the one hand is the construction of the system, including the legislative system and the reform of the judicial system and building the other hand, lies in a pluralistic society dispute settlement mechanisms attention and make full use of.
Keywords/Search Tags:Failure of legal effect, efficacy of law, Legal pluralism
PDF Full Text Request
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