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Analysis Of Legal Distrusted

Posted on:2015-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:E C MengFull Text:PDF
GTID:2296330461956672Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At present, the lack of trust resources has become a consensus in our country and under this social background, the law has also become the object not to be trusted. From the "Petition boom", "Big mediation", "Difficulty in enforcement" and other law-related phenomena, we can deeply realize the trust crisis the law faces. Why the law not be trusted? This question is highlighted in front of us, the author tries to analyze this issue through some related trust theories.This paper is divided into four parts:The first part, based on the analysis of the general principles of trust the author analyzes the trust and the relationship of trust and law. First of all, the author analyzes trust its own produce premise, function and definition and classification from the present research situation of trust, in order to pave the way for the further analysis of the issue of law trust; Secondly, the author tries to explore the inherent association between trust and law from the relationship of them, on the one hand, the law provides the guarantee for social trust and the legal trust provides support for the modern trust mechanism, on the other hand, the author tries to analyze the substance of the law legitimacy and the premise that the legal authority depends on, it is concluded that they are all have close relations with legal trust issues, in fact, it seems that the law seeks for trust in different kind of states.The second part, the author analyzes three focal cases which reveals that the law not be trusted. On the surface," Petition boom" only shows the petitioners do not trust the legal authority and pursue "Another large authority", tracing the source, petition shows the rulers of law do not trust the law, especially when it comes to the establishment of the legal system, and then on this basis it leads to the petitioners do not trust in the rule of law. People originally want to pursue "case closed" through "Big mediation", but the final results are get the opposite of what they wants, which prompted us to re-examine our existing "Big mediation" and reflect on the essential reasons of why the final results are departure from the original intention." Difficulty in enforcement " is a chronic problem of the court after the judgments or decisions have been made, so that many cases have executory effects cannot be satisfactorily concluded, the judgments of court become "legal IOUs", which shows the distrust of the legal effect and becomes the biggest challenge to the authority of the law.The third part, the author analyzes the essential reasons why law not be trusted from three aspects. Social transformation is the background to the law is not to be trusted, and it makes the social differentiation which led opposition and the intensification of conflicts, so that the construction of legal trust has been lay among the cracks in which benefits divided and conflicts confronted. The inherent traditions of ideology and culture in our country led the legal culture which makes our law marginalized and instrumentalized, coupled with the establishment of our modern legal system is not adapt to the localization, it makes the establishment of trust in the law on the solid rock. The limitation of the law itself, as the technical rationality of the law eventually makes itself separated with people, at the same time, the career blueprint of the legal person are separated with people’s life.The fourth part, the author attempts to give some advices to how to make law gain the trust from three aspects. In view of the above focal cases and the essential reasons of the law not be trusted, the first advice is the attitude of the legal culture should be updated, that means we should practice the concept that the law is divine, the second advice is the rational legal system should be constructed, the last advice is we had better reflect on the morality of law itself, namely the law and legal person shall keep self-reliant attitude, only by this way can we arouse the people to trust the law.
Keywords/Search Tags:trust, legal trust, legal culture
PDF Full Text Request
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