Rule of law

Date of publication:2005-4   Press: University of political science and law   Author:Sun Xiaoxia   Pages:414  

Legal occupation refers to the legal professional trained, experienced legal occupation skills and ethics by the formation of the occupation community, whose members is legal person, we call the senior legal people "legal family". "Rule by legal man -- Chinese thinking" legal occupation is a film about the Chinese legal occupation exploratory monograph. The book is based on the above two aspects of research, it embarks from the actual Chinese rule by law, with legal occupation as the center, to study the rule of law by China another driving force -- legal occupation community issues of jurisprudence, comparative law and social law. This book is the Ministry of education project "legal occupation and the legal community research", the Ministry of justice on the project of "legal occupation and the rule of law in the construction of" the final results, plan fund, Ministry of Education Ministry of Justice Project Fund and Zhejiang University law and Comparative Law Research Institute "constitutional and administrative law (province key discipline) funding. This book consists of four parts: the rule of law, and occupation accomplishment, judge, lawyer occupation ethics and political participation, legal education.
Catalogue of books

The development of rule of Law -- differences and Chinese route one, "right" and "flow" (a) "of Chinese and Western ideas of rule of law" (two), lowest common law reform "upstream" two, rule of law and the rule of law and the difference between (a) a minimum of the rule of law in common (two the rule of law and the rule of law) a breakthrough three, political civilization and construction of rule of law (a) political civilization and construction of rule of law (two) Chinese judicial reform and reconstruction of the cornerstone of the two four China rule, the biggest obstacle to the development of five, Chinese law development two kind of main driving force (a) on the impetus and approach (two) market economy -- a new generation of consumers legal citizens (three) rule of law skills and ethical and legal rule of the first chapter of legal person governance and occupation accomplishment section law, the rule of law is one of the "rule of law", two legal community formation mark three, division of labor, occupation and occupation literacy four, legal person's way of thinking five, occupation ethics legal significance of the second day rule by legal man why not to rule the One, the rule of law is "rule of law" (a) legal factors appearing in rule of law concept of legal person (two) in the "Weberian approach" in two, a transition rule of man and the human factor (a) man feature (two) rule of defects (three) in the "rule of man" and the rule of law in the "people", "Guarantee Law: three barrier occupation accomplishment to rational judicial occupation" (a) to ensure accurate quantification of jargon and the judge thinking right obligation "(two) of the knowledge and technology monopoly to ensure judicial autonomy (three) form of rationalism and judicial neutrality (four legal and judicial priority) to the letter four, barrier: security law occupation accomplishment of rule of administrative law (a) rules first and open information system (two) program thinking and hearing system (three) legal literacy and the division of functions, power restriction more discussion: Chinese jurist colony effect on third day occupation connotation Chinese legal person and a crisis of confidence, lack of skill in legal person occupation accomplishment of (a) Chinese legal crisis of confidence (two ) basic characteristics and conditions of legal occupation (three) skills and Ethics: lack of legal person Chinese "occupation" (four): the connotation of legal skills constitute one of the legal occupation literacy core two, legal language skills: (a) forming method of formalization and modern law language (two) basic functions the legal concept of (three) the meaning of legal language of legal person three, consisting of two skills: knowledge of the law (one) the law (Law) is a kind of knowledge? (two) the content and classification of legal knowledge (three) the law (Law): from discipline (constraint) to the specialized knowledge rule (four) abstract theoretical study the necessity and significance of the legal person, the skill composition of four three: Legal Technology (a) a kind of silence and a humanized knowledge (two characteristics of legal technology) (three) legal technology content and classification of the second chapter of the first section on the meaning of occupation based objective judge rule of law authority, the authority of the (a) definition of the general authority (two) system based on connotation of law officer authority, the authority of the judge rule of two junior high school: independent position overview (a) (two) content of the independence of judges of the (three) professional basic significance of the independence of judges to judge authority of law three, junior judge authority: vocational skills (a) overview (two) judge occupation skill content (three) ethical basis of occupation skill on the authority of the judge significance of four junior high school, the authority of law occupation ethics: (a) overview (two) judge occupation moral content (three) Analyzes the judge occupation moral significance to judge authority five, China traditional judge authority (a) the basic form Chinese traditional judicial (two) mainly based China traditional judge authority (three) based on conventional reflection Yu Chinese judge authority theory: Reshaping modern Chinese judge authority section second: method, legal interpretation system and practice of the method, as a legal interpretation (a) method to the interpretation of the law (two) intent on (three) on the text of (four) dynamic theory (five) of two, as a system of legal interpretation (a) the origin of the problem (two) history of practice of legal interpretation: an overview of the history of (three) the distribution system of the power of legal interpretation system (four) the significance behind legal interpretation method (five) of three, as the practice of legal interpretation (a) explain why the legal practice? (two) as the characteristic of practice of legal interpretation (three) conclusion: summary of contemporary Chinese system of legal interpretation of section third the judge occupation duty, liability of judge and judge occupation liability (a) method Officer responsibility and the judge occupation responsibility origin (two) liability of judge and judge occupation responsibility concept and its relation to the two, the judge occupation liability (a) limits the judge occupation liability (two) judge occupation responsibility implementation authority (three) the judge occupation responsibility in three, our country judge misjudged case investigation preparation and Practice (a) "misjudged case" system of judge occupation responsibility system (two) "misjudged case" judgment standard and its disadvantages (three) "misjudged case" judgment standard premise four, "misjudged case" criterion reconstruction (a) legal judgment of deterministic problems (two) problem to determine the fact judgment (three) the preliminary conception of judgment "misjudged case" standard five, our country judge occupation liability system as to procedural justice (a) establish independent judge Disciplinary Committee (two) judge Disciplinary Committee (three) judge disciplinary committee disciplinary reasons and RET species (four) judge Disciplinary Commission hearing procedure of section fourth court introduce competition mechanism of reflection -- Taking as an example the judge, the judge a hillock hillock background, meaning and rationality of (a) the hillock background (two) (three) the meaning of judge hillock hillock two, judge the rationality of idea and system development and the judge hillock dilemma (a) Philosophy: from "instruments of dictatorship" to "judge occupation" (two) system: from "demobilized servicemen" to "unified judicial examination" (three reflection on the problems of the plight of the judge) post three, judge and competitive position of (a) the judge Jing Gang Strengthen the management of the Administrative Court (two) provides the opportunity for the various foreign intervention for post judicial (three) judge instability undermined the authority of the judiciary (four) to "more officers" pursuit makes the judge occupation vulgar (five) law officer post occupied a lot of time and energy to associate judge effect of (six) to re appoint judges virtual regulations established by conclusion third chapter lawyer occupation ethics and political participation in the first program ethics and moral bottom line -- Analysis of the lawyer occupation moral sociology of language, the role of regulation (a) role, standard and occupation (two) two, the role of the lawyer occupation ethics extensive analysis of lawyers: starting from the provisions of specification (a) moral category or categories of law? (two) on the provisions of the standard analysis, the impact analysis of three ethical evaluation factors: from the point of Economic Ethics (a) market and ethical law behavior (two) and commercial factors four, the economic ethics moral bottom line: acceptance and rationality (a) moral bottom line and character elements (two) The public evaluation of the law occupation ethics and the rational analysis of section second to the political road -- Investigation to the origin of the lawyers involved in politics: the rule of law, and other traditional one, the function of lawyer's route two, leading to the political road (a) lawyer politician America of Politics (two) to the political road three lawyers and government decision-making, (a) in government decision-making law rule (two) commercial, pluralism of interests and lawyers to participate in decision four, from the law involved in political participation, five lawyers in proposition six, the expectation and suggestion in China fourth chapter legal education: School of law system's first law school memory historical significance: knowledge of law and the rule of law system -- second section law education demands legal education -- on system reform and social transformation, and a response in Università degli Studi di Bologna law school -- the early modern legal order of inoculation two, modern European and American legal system -- Part three, ancient near Chinese and Japan -- development and change is what a, law education object of knowledge -- knowledge classification of traditional and modern division of labor as the Angle is two, what is law -- law and moral resolution three, what is the rule of Law -- form, system and value (1) form meaning of the rule of law (two) system of rule of law (three) institutional meaning system value rule of law, legal education four layered knowledge content -- Historical Lessons and practical requirements the third section law school -- the role positioning and analysis, methodology and the definition of the role of the two, the law school (a) School of law and legal system building and Innovation -- (two) the law school and the whole social system -- the rule of law and political civilization watch (three) basic law school and the spirit of rule of Law -- stood historical ruins fourth system concept of meaning Chinese law school, conception -- confidence judgment and institutional change, realize the significance of the two system of law school -- China objectives and measures of (a) School of target location and the spirit of law (two) factors close to the meaning system of law school in Annex 1 Law School Annex 2 to the law school admissions declaration qualification proposals this chapter Ref.
Chapter excerpt

Three, the rule of man: legal occupation accomplishment barrier of rationality of judicial protection in the legal person governance, legal person doesn't play its natural human rationality, but actively, trying to hide in the form of justice ignorance. As the ancient GreekThe legend of the goddess Themis, although she holding justice on behalf of a sword, a symbol of the scales of justice, but eventually she became the goddess symbol of Justice (Justice), and is tied on her head, the small piece of cloth covered her eyes. It is this little barrier, so that she can be detached from the public moral and emotional, logical thinking well through the program, follow the habit of looking to the past, and even keep loyalty to the Constitution and the law. Legal occupation accomplishment is the legal person blindfold. We believe that the special occupation accomplishment law include: occupation occupation occupation language, knowledge, thinking, occupation technology, six aspects of occupation and occupation moral belief. Several aspects of this unified occupation accomplishment, is the formation of a unified legal community. In the six occupation accomplishment, the first four aspects constitute legal occupation skill, that is what we call the "only", after the two aspects constitute the law occupation ethics system, usually called "de". Legal occupation accomplishment is different from the popular "nature" specialized "technological rationality", unified its skills and ethics is mainly depending on the unification of legal education. Then, the legal person's occupation accomplishment exactly has the characteristics and advantages of what, to rule by legal man not to rule? (a) to ensure that the "occupation jargon accurate quantification and the judge thinking right obligation" of any occupation have occupation discourse system of their own, these words by the professional vocabulary, form fields, and the formation of professional barrier. Legal occupation language from making legal terminology law and legal terminology from the theory of law. Legal person, "they are a mysterious group of people, like the secret society, has its own jargon and sign, have their own clothing and lobby, they bother to use everyday language, they put the trifles to discuss the principle level rise in sacred, outsiders do not know what they say, why do you say, they put this away from daily life to pay attention to daily life called 'professional'".......
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