Research On The Mechanism Of Fault-tolerant Of Legal Institution

The promulgation of the "Opinions on Further Encouraging the New Era of the Cadres in the New Era and the New Roles" means that the central government’s understanding of the fault-tolerant mechanism has risen to the institutional level.However,the legal research on the fault-tolerant mechanism is very scarce.Through literature search,it is found that basic research on the types of rule of law development,legal consequences system and accountability system are scarce,but it lays the foundation for further research on fault tolerance mechanism.This paper insists on the unity of facts,values and logics,and discusses three aspects: the characteristic rule of law and the legal fault tolerance mechanism,the legal definition of the fault-tolerant mechanism connotation,and the perfection strategy of the fault-tolerant mechanism in the context of the characteristic rule of law.The first chapter of the opening chapter combines the transformation of government functions and the transformation of the rule of law.It sorts out the path of the government from the bureaucratic organization to the post-bureaucratic organization and the path of the development of the rule of law in China from the autonomous law to the response law.Analytical jurisprudence research method analyzes the inherent logic of fault-tolerant mechanism and modern rule of law.At the same time,through the comparative analysis of the mechanism of chasing and blaming and the mechanism of exemption and fault-tolerance,the paper proves that the fault-tolerant mechanism is the important procedural support of the modern legal consequence system.to make.The second part of the thesis defines the concept of fault-tolerant mechanism based on the research foundation of the first part.It analyzes the fault-tolerant mechanism and the tolerance mechanism from the perspective of linguistics,and gives a principled representation of the applicable fields and applicable objects of the fault-tolerant mechanism.And the relationship between fault tolerance and error correction,fault tolerance and trial and error is analyzed.Finally,the intrinsic properties of fault tolerance mechanism are discussed by referring to the characteristics of "good cycle" in the fault tolerance mechanism of computer field.The third part of the thesis sorts out the textual status of China’s fault-tolerant mechanism,summarizes the three generation paths of fault-tolerant mechanism,and empirically analyzes the fault-tolerant mechanism in the applicable field.Finally,it puts forward the problems existing in the construction of fault-tolerant mechanism.Principles and paths for the improvement of fault tolerance mechanisms.