Reflection And Reconstruction Of Legal Behavior Category System

In the course of the discussion of the general principles of the civil law of People's Republic of China,the concept of legal behavior and the reconstruction of its system have aroused the enthusiastic repercussions of the academic circles.The scope of legal acts is rooted in the Roman law of Germany.From the perspective of civil law,we can see that in the process of legal transplantation,the category of legal act in our country is basically compatible with the legal category system of Germany.Especially the introduction of this category in civil law.For the General principles of Civil Law that are in force,The system continues to be designed in this category.However,due to the influence of the Soviet Union,the understanding of the scope of legal acts formed some different understandings and views from other countries.For example,the proposition of the category of civil legal act.The concept of "legal act category" has caused disputes in the aspects of origin,content,jurisdiction,logic,semantics and so on among civil law scholars and jurists.In the face of such a dispute,this paper first needs to reanalyze the connotation of the category of legal acts arising from the General principles of Civil Law,and explain the basic connotation on the basis of theoretical jurisprudence.Secondly,starting from the actual situation of the legal development and the construction of the rule of law in our country,the author reconstructs the legal behavior category system,and provides the theoretical basis and support for the formulation of the civil code of our country.Professor Zhang put the category of legal behavior as one of the basic categories of philosophy of law in his theory of hierarchical category system advocated in the study of the category of philosophy of law.Professor Li put forward in "Jurisprudence" the opposite category system theory,ascribed the category of legal act to a group of important categories which are opposite to "legal consequence category".However,in the face of the analysis of the connotation of the category of behavior in the civil law there are conflicts andcontradictions in the system of this category.In order to solve the theoretical conflict between the theory of law and the branch of law,the contradiction of the operation of the law is solved in the actual situation.This paper reinterprets the connotation of the category of legal acts and reconstructs the system of categories of legal acts in the sense of jurisprudence.Based on the needs of the research,the thesis is divided into the following five parts:The first part is a brief introduction.First of all,he reason and value of choosing this topic in this paper are expounded in all aspects.On this basis,combined with the relevant theoretical research results at home and abroad,the category and content of legal acts are summarized.At the end of this paper,the ideas,solutions and innovations of this category are systematically introduced.The second part is the theoretical controversy and reflection of the legal behavior category system.This part first introduces the theoretical reflection of the category system of legal act,and then introduces the practice reflection of the category system of legal act on the basis of this elaboration.The third part is the theoretical value and practical significance of the reconstruction of legal behavior category system.This part discusses the reconstruction of legal behavior category system from two angles of theoretical value and practical significance.The fourth part is the reconstruction and theoretical proof of the category system of legal act.This part is the innovation of this article and is also the key part of this paper.Firstly,the connotation of the category of legal act is analyzed.On the basis of determining its basic connotation,the system of category of legal act is constructed,and on the basis of the basic construction of the type,the theoretical proof of the category system of legal act is made.The last part is the application of the department law of the category system of legal act.This part is the difficult part of this article.Based on the reconstruction of 4th part of the category system of legal acts,it is applied tothe field of public law and private law.To sum up,this paper begins with the reflection of the legal behavior category system,applies the method of literature analysis and logical semantics,and investigates the theoretical value and practical significance of the legal behavior category system.Taking the typed legal method as the train of thought to reconstruct the legal behavior category system.In the reconstruction of the category system,six typical cases are selected for empirical analysis.And in that part,turning the legal principle of departmental Law into the starting Point of Research from the angle of explanation,logic and pragmatics,this paper makes a theoretical proof of the legal behavior category system,for example,in the field of public law or private law.Under the background of building the rule of law society in the19 th CPC National Congress,The reconstruction of the legal category system can better promote the construction of the rule of law in China.It can better provide the theoretical basis for the formulation of civil code and adapt to the trend of law physics and chemistry of department law.It can perfect the basic theory of jurisprudence better,so that the judicial staff can directly apply in the judicial practice,improving the judicial efficiency,promoting the trial behavior more efficient,convenient to the people.