Follow the example of learning. "Nanshi Fan Ye Biography": "Ye of subtle, thinking cause, contact classes and more good clothes device service, everyone by loss system, all of Law of the world."
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No. 3
Ancient refers to Legal Advisors, the rule of law school. This refers to the scientific study of State and Law. "South Zhi Gui Chuan Qi Shu Kong": "Xungu of celebrities, and more are legal, so interpretation of the scheduled country, sound and light Han Dynasty, Yuan Chang, Wen-hui, Ji Wei Ying Court." Tang Bai, "The disadvantages of Criminal Law ":" hanging on the branches of law as shall be of choosing the Chun Yi in too. "Guanying" Advising Learning School ":" Legal persons, Archaeology and Ancient Korea similarities and differences between pros and cons of this political affairs of foreign trade rhetoric, the country cases of things. "
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What is Law?
1, Law (in English: law, science of) Law (also known as the Law or the Science of Law) is the study of law, law and law related issues phenomena and special knowledge, knowledge about the legal issues and theoretical system is an important social science disciplines. Ideological Origins of Law in the Spring and Autumn period of the earliest philosophy of Legalism. The term of law in China, while Qin is called "Legal Advisors of learning", since the Han dynasty began to "law school" name. In the West, the Roman jurists Wuerbian (Ulpianus) on the "Law" (the ancient Latin Jurisprudentia) definition is: the concept of the affairs of man and God, justice and injustice of the school. Modern law, the law refers to the scientific research. However, regarding the relationship between law and science have different views, mainly related to the value of research is not a scientific problem. 2, the object of study of law 2.1 Law of the study is the first method. Here the "Act" includes the various meanings of the law commonly referred to. From the point of view in the form of law, including the Constitution, laws, regulations and other forms of statutory and common law; Perspective from the law system, including constitutional, administrative law, civil and commercial law, economic law, social law, criminal law, procedural law and various other branches of law; From the time point of view, including the ancient law, modern law, modern law and modern law; Point of view from space, including national law, foreign law, local law, foreign law; From a historical point of view types, including slavery law, the feudal system of law, capitalism, law, socialist law; Perspective from the general classification, including domestic and international law, basic law and common law, general law and special law, substantive law and procedural law; From the perspective manifestations, including dynamic and static methods, the specific method and abstract method, paper-based method and the life of the law, the ideal method (such as natural law) and practical methods (such as the actual force of law) and so on. Law is only the sense of all these different panoramic view of the law, to study, be considered as worthy of the name of law. 2.2 The law should also study the various "Law of the phenomenon." Which is based method for a variety of phenomena, such as legislative, judicial, law, legal supervision; law of the origin, development, transfer, inheritance, modern; law and order, the interests of justice; legal concepts, ideas, systems, facts, laws of Deng Deng . 2.3 but also of law "and law-related issues." Law and Law of the phenomenon is not isolated, its existence and development with other things, especially economic, political, cultural and other social phenomena are closely linked. Study of these issues can better study the main issues of law. 3, Law etymology 1. "Law" of the term Latin Jurisprudentia, at least in the late 3rd century BC, the Roman Republic era had already seen, the word that a systematic, organized the legal knowledge, legal knowledge. Roman jurists had given "legal" under had a classic definition: "Law is about the things of God and human knowledge; is about the science of justice and injustice." German, French, English and Spanish and other Western Language languages are Jurisprudentia basis, to develop their own alleged "legal" words, and enrich its content, meaning increasingly profound. 2. Knowledge on legal matters, the Qin Dynasty in China is called "Legal Advisors science of magic," or "Legal Advisors of the school." According to research, although the "law school" is the official emergence of time in Weiming Di countries have _set_ up "legal doctor" later, however, since the Han Dynasty have a "law school" this branch of learning, mainly for the existing statutes comments. China's ancient "law" first appeared in the Northern and Southern Dynasties, however, when the word "law" is, its meaning is still close to the "law school." Ancient Chinese "law" is from the modern West and the "law" has a very different concept. 3. Modern sense of "Chinese law" is, first by the Japanese input. Japan Tsuda Jurists in 1868 for the first time the truth to the corresponding translation in English Jurisprudence, Science of Law and German Rechtswissenschaft other terms and a detailed description of the term in the "Hundred Days Reform" Movement into China.
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Law and Science
Modern Germans humanities, social sciences and natural science raised to the status of the other, Berlin Humboldt University, the University has contributed to the modern development of social science. Science and Law is understood as the background. Value of law as the main core, in essence, the core of legal thinking is just the center, rather than that is the value of the ontology of law, the biggest feature of law is to demonstrate how the practice reflects the value (or confirm the value of how has been achieved), which demonstrated the formation of the legal departments of all branches. Legal value is achieved or how to achieve argument is empirical, verifiable, and therefore scientific. Derived in terms of value, the law also axiomatic theory. In litigation research, cognitive psychology, this law requires the support of most micro, for example, why the adversarial system is reasonable in epistemology, cognitive psychology will reveal all the terrible human weaknesses people have Law is not science, is most likely to raise questions of jurisprudence, jurisprudence is a core value at the site, but this is only some kind of jurisprudence. Metaphysical jurisprudence can defy science, but the jurisprudence of the metaphysical (answer Sector Act) must resort to comprehensive analysis, the value is just one of the elements. Science in the traditional sense, refers to empirical science. What is science, in the traditional sense, is not difficult to determine. Its basic characteristic is to resort to experiment, can be observed and verifiable, Karl Popper is said to be falsifiable. According to Pope's point of view, Freud's psychoanalysis is not science. In the body of law is science, the core issue, not a science. Or that the origin of the spirit of legal argument, not strictly scientific, but the application of law is a scientific argument. Law is understood as in those areas of science, experience can falsify theory. For example, the adversarial system of litigation must be the system of modern pop, do not do this, judicial dictatorship is everywhere.
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Characteristics of Law
1, in a class society, law and practice with the class nature of the two features. Historically, there have been 4 different class interests, and reflect the different ideologies of the law, that slave owners, feudal lords, the bourgeoisie and the proletariat. Method is to adjust the rules of human behavior. To study law as a law, must have practical features that it comes from social practice, and in turn to social practice services. 2 features another statement of law (according to legal materials Higher Education): 2.1 Legal aspects of history and national conditions Under different time and space law, always bearing traces of a particular, its connotation and extension, content and system there is a difference. 2.2 The Law of statecraft of learning First, the law can be directly and indirectly on society and influence. Second, the object of law, the division, methods are the Reality. Third, the law is generated in practice, its development but also to guide practice.
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Division of Law
1, by branches of law should adhere to standards (adhere to the three combined) 1.1 The combination of objects and methods The combination of category and level 1.2 1.3 The combination of reality and the ideal 2, law system, branches of the four categories 2.1 Jurisprudence Namely: to explore aspects of law from the general study of basic concepts, basic principles, basic principles and basic rules of the law branch of the general. Note: The theory of law is not primarily come from the epistemological point of view by the results, but according to the research objects and methods of law by out. Those who study abstract, research methodology emphasis on the basic theory can be classified as a branch of legal theory, whose main representative is jurisprudence. If a country is no comprehensive legal system in this large category of law, and that legislation such as science, sociology, law hermeneutics, comparative law, also be regarded as the theoretical law. Law in interdisciplinary research focused on the theory of law can also be classified as theoretical. 2.2 Application of Law Namely: direct services to the legal real life, to help solve practical problems in the law branch of law in general. Note: The main object of study of law is the law in the real life experience of material, more than the theory of law practice, it is the law of the specific theory, theory of law is the information source. Application of legal theory, but not without its resulting theory is not to play the role of interdisciplinary general guidance, but for applied sciences to solve practical problems of this service. Legal representation is the application of various departments of law subjects, such as constitutional law, civil and commercial law, criminal law, procedural law, and so, the branch of legal practice, law interdisciplinary focus on solving practical problems in a branch can also be listed into the application of law. 2.3 History of Law Namely: special study, the phenomenon of law and law related issues and historical problems in the branch of law in general. Note: The reason why the history of law as the legal system in a special category, mainly because it covered both theoretical content (that is, from the history of a), including application content (ie past serve the present, get rid of.) Lishi main history of law in different countries, different historical types of legal systems and legal thinking, study of the legal system and the substance of legal thought, content, form, characteristics and production, development, and the demise of law and so on. It includes history and foreign legal systems, history and foreign legal thought, legal history. 2.4 Consolidated Law Namely: a considerable leap of the branches of law in general. Note: General law has two significant features: First, it is even a variety of subjects across a variety of branches of law; Second, theory, applications, and history is not different emphases, but the three inclusive. Introduction to Law Zonglun or the like is a typical comprehensive law. Also includes legislative science, sociology, law hermeneutics, comparative law, international law and so on. 3, the specific branch of law Law can be divided into many branches, are: ① theory of law, also known as the basic law. The basic concept of law, principles and laws. Chinese law faculty for the courses in this subject as the basis of legal theory (jurisprudence). ② Legal History. Can be divided into legal history and legal history of ideas. ③ domestic law. Refers to the various departments of a State law, including constitutional law, administrative law, civil law, economic law, labor law, environmental law, criminal law, litigation and military law and other legal proceedings. The Constitution is the fundamental law of a State, therefore, in the domestic legal system, the Constitution in a dominant position. ④ International Law. Including international law, International Private Law and International Economic Law and so on. ⑤ Legislative Studies. The principle of legislation, planning, legislative system, legislative style, the legislative process, legislative assembly technology, and legal, legislative evaluation and other issues. ⑥ legal hermeneutics. Legal provisions on the content and interpretation of text, the equivalent of the comments referred to the history of Chinese and foreign law. ⑦ sociology of law. Usually refers to social problems through the social function of law, the implementation and effectiveness issues. ⑧ comparative law and foreign law. Comparative Law is a different country (or specific region) law (including between national law and foreign law, foreign law between) the comparative study. Therefore, comparative law and foreign law in close contact. ⑨ law and natural sciences, technical sciences or other social science subjects among some of the edge. Such as technology law, forensic science, forensic science, psychiatry, law and statistics. Division of each individual, can be further divided into different levels of the lower Division. In the various branches of the in each country to study law are always focused on its existing law. Note: The Subject Classification of China National Standard / 820 Jurisprudence Jurisprudence Philosophy of Law Legal Logic Sociology of Law Legislative Studies Forensic Psychology Legal Education Legal History Legal History History of Legal Thought Legal hermeneutics Comparative Law Foreign Law Department of Law: Six Laws Constitution Administrative Law Civil Law Public Law Economic Law Labor Law Environmental Law Marriage Law Intellectual Property Law Financial Law Procedural Law Civil Law Administrative Procedural Law Criminal Procedure Criminal Law Criminal Law Forensic Science Criminalistics Military Law Security Law International Law International Public Law International Private Law International Economic Law International Criminal Law International Environmental Law International Intellectual Property Law Domestic Law Legal proceedings Interdisciplinary Legal Studies Law and Economics Law Technology Forensic Forensic psychiatry Legal Statistics Crime Investigation School Evidence Criminal Evidence Civil Evidence Chief Evidence Legal System Engineering Interdisciplinary Internet Law Law News Cross-disciplinary thematic method
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The relationship between law and other disciplines
In modern society, the method to adjust the role of human behavior is extremely broad. Including natural science, the law and the various disciplines have different degrees of relationship. The relationship between Law and Philosophy Any class or school of jurisprudence to a certain philosophy as its theoretical basis. Contemporary China is a Marxist philosophy of law, that is dialectical and historical materialism as its theoretical basis. The relationship between Law and Sociology There the two are extremely close and intertwined relationship. Sociology of Law as a branch of law, but also a branch of sociology, is between the edge between law and sociology disciplines. As branch of Law and Sociology of Law Sociology of Law as a branch of sociology, both connections and differences between the two. For example, juvenile delinquency, family, marriage and other issues is the sociological and legal issues of common concern, but the two sides of the angle are different. The former needs to integrate a variety of social factors to examine these issues, while the latter focuses on the legal aspects of these issues. The relationship between law and economics The relationship between law and economics directly reflects a principle of historical materialism, that is, as the superstructure of the law, is ultimately determined by economic conditions, and the law but also counterproductive in economic base, promote or hinder the development of social productivity. Need to study law and economics, law and economy. Legal system from the study of law, legal relations, legal point of view (such as research contract system, rights and obligations between the parties, tort, etc.) starting to study the relationship between law and economy, and economics from the productivity, economic relations, economic laws and economic activity point of view to study this relationship. The relationship between law and political science Historically, law and political science have long together. European Middle Ages, the Catholic Church dominant, political science and law are subordinate to the church's theology. 17th and 18th century bourgeois revolution, law and political science have shaken off the shackles of theology, but still some philosophers of the all-embracing philosophical system of the two links, and that it is difficult to separate the two disciplines. Until the 19th century, law and political science was spun off from philosophy, each became an independent subject. Law and state, government, political parties and politicians in the activities of such phenomena are closely linked. To study the politics of law, political science should study law, but both have to study the state, but the object of study and focus is different. The relationship between Law and Ethics In ancient and medieval, legal norms and moral standards, religious norms is sometimes difficult to separate. Ancient India's "Code of Manu" and appeared in the 7th century AD "Koran" is typical in this regard. Even in modern times, the general said the legal standards and ethics, law and ethics are clearly separated, but the law and ethics are very much concerned about the relationship between law and morality of this extremely important and complex issue. "Code of Manu" (local) The relationship between law and psychology Method is to adjust the rules of human behavior, human behavior and mental activities of my colleagues are inseparable. Law and psychology, which is bound to have close ties. However, the role of law in the study of law to pay attention to people's mental activity, pay attention to absorbing psychological research. Such as criminal psychology, criminology and psychology is the combination of the edge of science.
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Of law in Chinese history
In China, the law originated in the Spring and Autumn period. That was a very glorious history of ancient Chinese culture period, various schools have been the rise of contending. Law is various (mainly Confucianism and Taoism and four, especially Confucianism and two) one of the issues debate. Legal thinking in this period of Chinese Legalist thinkers have a profound impact later. Hundred Schools of Thought of Law Overall, the Confucian idea of the law: Emphasis mainly rely on moral, ceremonial monarch by means of enlightenment, Xian Chen to govern the country, the law (punishment) can only be used as supplementary means. Advocate "virtue," "Rites" or "rule of man" against the "rule of law" and implement "Supplementing." Mohists represented by Mo Di, against Confucianism them from the "universal love, Mutual Benefit", that is mutually beneficial and love from people starting social beliefs, advocates a "Heaven's will" as the source of law, in days Law, law along the line. And that the hungry are the causes of crime, should pay attention to production and conservation; requires _select_ing capable personnel, law enforcement Yanming Gong is. Mohist talked about method is very broad, including legal, moral and all other specifications. Lao Tzu and Chuang Tzu, represented by Taoism, that the State should implement the "inaction": "I am doing nothing of the people from, I'm so calm, but the people of themselves are, I do not do the people from the rich, the people I have no desire from the Park . "They both oppose the Confucian" rule of man ", but also against the legalism of the" rule of law "to promote the channel as the core of natural law. "Man, the law of the heavens, Tao, Imitation of Nature." Spring and Autumn Period of the legal thinking mainly by Shang Yang, Han Fei and other man-made on behalf of legalism. And Confucian Instead, they emphasized the role of law and its enforcement, but have neglected the role of saints or moral influence, which stands for "the rule of law." Legalism also made many valuable legal thinking, such as the law as a trade-off, the rules, scale, providing a non-objective criteria to judge; law should change with the times; law by the state; law should be open, should be applied equally ; should strictly abide by the law, law and punishment and reward can not be separated, and so on. Legalism was advocated by the "rule of law" is based on strengthening the monarchy and strict punishment based, different from the 17th and 18th century anti-feudal autocracy and the rule of law against torture. Back in the Spring and Autumn Period in ancient China from the common law to statute law, from public law to the development of secret law. To the Warring States period, Wei Li Kui in the princes of the ruling based on the law of the country has developed a more complete history of China's first code of laws "law by." This "Law and Economics" has long since lost, but in some historical writings contain its contents. In 221 BC, Qin Shi Huang established the first unified Chinese history, the feudal autocratic monarchy centralized country, another representative of the adoption of the Legalist Lisi's proposal to ban the old days scholars to private school instead of law, is "to law and education", "Officials for the teacher" Legalism to legislation. Law school after the Han dynasty Confucian Dong Han Dynasty adopted the idea, "abandon all other schools, Only Confucianism." Since then, in the ideological field, was regarded as orthodox Confucianism, Confucian monopoly over legal thinking in the field of law in 2000. Now often speak in Chinese history refers to the traditional legal thought Confucian legal thought in 2000, in fact, the implementation of political, ideological absolutism, and the results led to the decline of law in China. During this period, following the contending the sky is in accordance with Confucianism, the name of the despot's statutes were written, the logical interpretation of the law school, known as the notes of Law. Master of the Eastern Han Ma Rong, Zheng Xuan Han Dynasty and so had to make Chapters comments. Du Yu Jin Zhang Fei, and also for comments on Chinese law. Eastern Jin Dynasty, the private notes gradually replaced by the official comments. "The Ming Dynasty" book video Weiming Di from the three countries from the time of Dr. Law established the post of special teaching law. The official system has continued to the Song to the Yuan Dynasty was repealed. Shen Qing jurists in the summary of the development of Chinese history had that law, Yuan Ming and Qing law has become increasingly decline. 1740, compiled the "Qing Law" is the last Chinese feudal society, a law. Modern legal thought came to China after the Opium War in 1840, the Chinese society is gradually transformed into semi-feudal society, the legal system and law are also corresponding changes in the ideological field. Kang's "Book of Great Harmony", Sun Yat-sen's Three Principles and the five-power Constitution thought, Yan Fu translated many Western classics, include the West 18th and 19th century popular legal thought, both democracy and liberalism, but also sociology, evolutionary aspects. If China, Yan Fu and others in the spread of the main aspects is thinking of Western Jurisprudence, then, to Shen Jiaben government officials represented the major spread of Western legal systems, particularly those based on Roman civil law legal system of thought. Any amendments to the law of the Shen minister, presided over the first time in history follow the Western model of traditional Chinese law reform work. He sent government officials and students study abroad and study western law, to employ Japanese lawyers to amend the law and giving lectures in China in 1906 founded the first modern law school; organization has translated a number of foreign law. In 1911 to 1949 after the Republic of China before the establishment of various bourgeois Western legal thought and continue to spread to China; Marxist legal thought also began to spread in China. Western Law of the Western Law is extremely broad, usually refers to ancient Greek, Roman slave society, feudal society in Western Europe and the modern Western bourgeois law or legal thought.
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The history of law in other countries
Accumulated a rich human history, the legal culture. In addition to China, there are ancient Egypt, ancient Mesopotamia neighboring countries in the region of ancient India, and medieval Islamic countries, Japan and Russia and other countries and regional legal culture. But rich in content and far-reaching effects in terms of Western law can be classified as the first. Represented in the Athens ancient Greek city-states, although not many statutes, there is no professional lawyers, but it was philosophy, political science, ethics, literature and other works, explores the many fundamental questions about the law. Such law is divine or man-; law on the basis of power or natural, justice or reason; is the rule of law, or one of governance, and law and democracy, freedom, and equal relations; law and national, natural law and positive law relationship between the and so on. These thoughts have an impact on later generations has been the Western Law. Different in Ancient Greece and Rome Statute Law (mainly private law) and law is very well developed. In Western history, it is early in the Roman Empire, the first formed a professional group of jurists, first appeared in legal education and law school, the first time the law works. Rome, one of the five jurists Gaiyou Si the "Institutions", is a first and complete preservation of Western legal writings. "The French Civil Code," which means "Code Napoleon" In the 19th century, with the establishment of capitalist rule, the classical natural law school gradually fading, replaced by the historical school of law, of law school and the German idealist philosophers of classical philosophy of law. In continental Europe, carried out extensive activities of codification, comparative law and followed the rise of administrative law. With the UK and Continental Europe in the colonial expansion in some countries, common law and civil law influence extended to the rest of the world, finally _set_ting up the western two legal status in the world. Into the 20th century, Western law and jurisprudence is a major issue so-called "law society" of the issue that emphasizes the law should not only protect individual rights, and should focus on the protection of social interests. After World War II, due to the new technological revolution, the unprecedented development of state monopoly capitalism, greatly enhanced the functions of the national economy, the capitalist economy has made great progress, capitalist governments greater use of improved concessions and welfare policy. Under these conditions, in general, relatively stable rule of the bourgeoisie, capitalism, democracy and the rule of law have different levels of development. They are mainly reflected in the following areas: ① Germany, Italy and Japan adopted a new constitution after the war, the establishment of bourgeois democracy and the rule of law; the major capitalist countries in the expanded human and civil rights, constitutional and legal supervision strengthened. ② focus from legislation to Private Law Public Law, the new law, public law of the private, public and private mixed appeared in large numbers. ③ guiding ideology in the legislation, from 17 to 19-century rationalism, the concept of law turned to realism, the interests of pluralism and eclecticism, a major role in the emphasis on law while recognizing the limitations of that role. ④ in the legal form, although a number of important formulation and revision of codes, but generally use a single law, special law forms. ⑤ organization and procedures of judicial reform, strengthening the rights of judges to interpret the law to form a de facto "the judge created the law." ⑥ gradually move closer to the two legal systems, international legislation increased. At the same time, the phenomenon is still a lot of damage to the rule of law exists. In the field of law, the school is more diverse, new natural law (or a similar value of Law), New Analytical Jurisprudence and Legal Sociology of the three factions move closer to each other. Law of illegal Dynasty on a more expanded, there has been economic analysis of law, critical legal and other factions in the new law. Marxist Jurisprudence In the 19th century, 40 years before the advent of Marxism, the field of law is almost always by a middle class thinkers, jurists monopoly. They provide a large amount of historical information law, and some people described some aspects of legal phenomena, but also on or near the scientific point of view in line, some of the history of legal thought also played a progressive role. However, due to class status and limitations of the times, they are not and can not really scientifically clarify the nature of law and the law of development. Marxism three components contained in Marx and Engels's legal thinking, constitute the law of Marxism. It was a field of law brought about a fundamental change. It represents the proletariat and other working people's interests, in order to scientifically clarify the historical nature of the law and the law of development, the law become a true science. Marxism and the principles of law and legal differences between the previous Marx and Engels on the law's main contribution is: ① the same time they also clarify the description of historical materialism the law of nature and law of development. ② their study and research in the emergence of capitalist society and the development and direct participation in the practice of revolutionary struggle, analysis and critique of the bourgeois legal system. Lenin's main contribution to Marxist Law are: ① the revolutionary struggle in the leadership, particularly with the Russian liberal bourgeoisie, the Mensheviks, the second International Revisionism and other opportunists who fight against the process, exposed the Tsarist Russia and Qita the legal system of the imperialist countries, especially with the bourgeois representative democracy linked to the nature of the bourgeois legal system and its hypocrisy. ② he led the October Socialist Revolution and the creation of the Soviet regime began to put forward the process of the theory on the socialist legal system. Law of Marxism of contemporary China's development can be analyzed from two aspects. One aspect is an important document in the CPC and state leaders on the rule of law or to reflect the development of important exposition. First, the rule of law was referred to an unprecedented level for the development of law provides the most favorable conditions. Third Plenary Session of the CPC summed up the positive and negative aspects of China since the founding of the experience, but also of the international communist movement, the experience, the strengthening of socialist democracy and legal system to make a scientific conclusion: "To protect people's democracy, the need to strengthen the socialist legal system, so that the institutionalization of democracy, law, and laws to make such a system has the stability, continuity and great authority, so that there are laws must be strictly enforced, illegal reserved. "Communist XII, XIII Congress and the fourth most reiterated and developed this conclusion: the people the essential requirement of socialist democracy and the inherent attributes. No there is no socialist democracy and legal system, there is no socialist modernization. Sixth Plenary Session of the Eleventh CPC "since the founding of the party's number on the resolution of history," also illustrates the importance of the Cultural Revolution, one of the reasons is the occurrence of socialist democracy and legal system are neglected, in order to prevent similar tragedies, we must strengthen democracy and legal system. Meanwhile, the CPC Central Committee mainly based on Chinese experience, comprehensive management approach is proposed, that under the leadership of the CPC and the government, law enforcement authorities in coordination with other agencies, organizations, mobilize all social forces, full use of political, economic, legal, administrative, cultural, , ideological and moral education and other means of preventing and combating crime, rehabilitation of offenders. More than ten years of social practice has proved that this approach is completely correct. This is a comprehensive theory of law, especially criminal law, criminology, law and other subjects important contributions. In addition, two systems also proposed the idea ie the envisaged under the premise of one China, the country's main uphold the socialist system, Hong Kong, Macao, and Taiwan maintaining its capitalist system unchanged for a long, in accordance with this principle to advance the peaceful reunification of the motherland to complete the great cause. Two systems means to achieve "one country, the number of law" appears. This will promote contemporary Chinese law and jurisprudence to diversification, the development of Marxist jurisprudence is a major contribution. Law of Marxism of contemporary China's development is another aspect of the professional workers of law's contribution to Marxist law. Mainly: ① legal theory of a series of major issues of special studies, for the writing of monographs, textbooks and papers, and the preparation of legal reference books, academic research will be held. In various sectors of law and international law have been on the major issues of the discipline. ② improvement and development has been a foundation of law in many disciplines (such as constitutional law, criminal law, civil law, procedural law and international law), while in the country in the past to create many new subjects that do not exist, such as economic law, administrative law , military law, technology law, environmental law, the modern Western legal philosophy, legal sociology, comparative law, science and other legislation, and published treatises. ③ Professional workers often participate in constitutional law and the drafting of important laws, or that the legislative proposals, etc., many professional part-time workers to act as legal counsel or to participate in the work of other legal practice. These activities have contributed to the combination of law and practice. ④ in law school teachers and train high-level legal expertise (undergraduate, master's and doctoral students), for the preparation of a large number of various forms of legal materials. ⑤ abroad will be legal (Baokuo methodology) new trends into Taiwan as a reference, this translator of foreign law on the laws, regulations, law books, etc., and conducted extensive exchanges of international law, a large number of students, teachers to go abroad learning, education and lectures or participate in meetings of international law, there are many foreign jurists come to China to teach and learn. Law, economics and other social science is different from the literature, philosophy, history and other humanities, a characteristic that is more the former than the latter with strong applicability. Therefore, the emphasis on legal theory to statecraft, not to become somewhat esoteric scholastic philosophy, in general, is good. Subjectively speaking, the Chinese jurists are reluctant to let their doctrine away from reality, but from an objective point of view, many jurists claim too far away from the actual operation of the phenomenon is still quite serious. Usage of this issue can not just critical and scientists to explain the ideals of character, and to contact our legal education system and jurists came through for more extensive investigation. Education system from the perspective of law, according to the limited understanding of the author, many Western University School of Law Dean, Professor have had as government officials, judges, prosecutors, lawyers experience, they have rich social experience and knowledge of a teaching to the students. And we Chinese Law School Dean, Professor, has had officials, judges, lawyers, prosecutors experience is one of the few. Most of them were from high school to college, then stayed on to teach, this experience impossible to determine their understanding of reality, can not have more extensive social experience, to their doctrines close to the reality (not blind obedience, incidental or actual) is also somewhat bite the bullet, just to their position, holding of fair, nor lift a finger. Look at, striking a famous jurist of them have served as officials, judges and other experiences. He Qinhua edited under the "Foreign Legal History" (China Politics and Law University Press 2004) by the statistics, a famous Roman jurist, there are four: Gaiyou Si, Pabinian, Wuerbian, check with disabilities Tennyson, in addition to Gaiyou Si unknown origin, the Pabinian official complaint has been served, the Imperial High Court, the Guards captaincy (equivalent to deputy emperor) and so on. Wuerbian served as Assistant to Imperial High Court judges, the Empire State council member of the Guards captaincy. Justinian the Eastern Roman Empire (aka Byzantine Empire) famous emperor. French jurist in modern times have two home Thierry Aspen and Park, Aspen has not yet been a ranking official, but the President of the Court of Paris under the tutelage of the French Ambassador in Venice, Fuli Ai, Park Thierry is Orleans Elementary Court assistant position to work for 50 years. German jurist in modern times has Savigny, Garling, Qi grams and the other two, in addition to Garling, the Savigny served as the Prussian Privy Council Members, the Berlin Court of Appeal, Supreme Court, consultants, after graduation as a Qi g a lawyer, trainee judges, military officers and so on. The famous jurist in modern times has Cork, Blackstone, Bentham, Austin, Des Moines, five, these five have had the experience of officials or lawyers. Cork, a lawyer, served as the Chief Justice of Norwich City Court, Chief Justice of the Court of London, the British Deputy Attorney General, Speaker of the House of Commons, British Attorney General, the Chief Justice of the High Civil Court, Chief Justice of the Court Throne Privy Council members. Blackstone, a lawyer, a university president, Puisne Court judges, members of Congress, QC, Deputy Attorney General royal family, higher civil court judges and so on. Bentham a lawyer, although he is a very introverted person, but is close to his theory with practice, he was out of his study, had drafted the Constitution, civil, penal and parliamentary reform, the main points of law to the preparation of the Russian tsar. Austin served as army officers, a lawyer, was appointed first judge of Chinese criminal law Broughton members of the Committee, served as a royal member of the Criminal Law and Litigation Committee. American Modern has been a famous jurist Holmes, Cardozo, Pound and the other two. Holmes, a lawyer, served as the Massachu_set_ts Supreme Court and Chief Justice, the Federal Justice and other Supreme Court justice. Cardoso, a lawyer, served as New York State Supreme Court Justice, New York, the permanent judges of the Court of Appeal and the Chief Justice, Supreme Court Justice and so on. Pound a lawyer, served as Nebraska State Commissioner of the High Court of Cassation accepted the appeal committee, the Chinese Ministry of Justice, National Government advisers and consultants, the Ministry of Education. Therefore, in the application of highly specialized legal scholars, who wish to do a solid knowledge and valuable, we must dare to invest in career and social practice, so his theory accepted the test conditions, or close to reality, or transform the reality . For the Government, but also to create an enabling jurists to invest in the system of career and social practice, and promote the institutionalization of theory with practice.
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Institutions created
[Beijing] Peking University, Tsinghua University, Renmin University of China, Beijing Normal University, Beijing Technology and Business University, Beijing University of Posts and Telecommunications, Beijing University of Technology, Beijing Jiaotong University, Beijing University of Technology, Beijing University of Aeronautics and Astronautics, Beijing University of Chemical Technology, Beijing Forestry University, China Agricultural University, University of Petroleum, Foreign Economic and Trade University, Central University for Nationalities, China University of Geosciences, China University of Political Science, the Chinese People's Public Security University, Central University of Finance, China Women University, Beijing Union University, North China University, China Youth College for Political and diplomatic University, Beijing Agricultural College, Civil Aviation University of China, the National Prosecutors College, the National Judges College [Tianjin] Nankai University, Tianjin University, Tianjin Normal University, Tianjin University, Tianjin University of Finance and Economics, Tianjin Medical University [Hebei] Hebei University, North China Electric Power University, Hebei Normal University, Yanshan University, Hebei University of Economics, School of Economics, Shijiazhuang, Hebei University of Technology, Shijiazhuang Railway Institute [Yunnan] Yunnan University, Kunming University of Technology, Yunnan University, [Guizhou] Guizhou University, Guiyang College, Guizhou Institute for Nationalities, Guizhou University, Guizhou Normal University, Guizhou Institute of Finance [Sichuan] Sichuan Agricultural University, Sichuan University, University of Electronic Science and Technology, Southwest Jiaotong University, Southwest University of Finance, Sichuan Normal University, Southwest University for Nationalities, Chengdu University, Sichuan Institute of Light Chemical Engineering, Southwest University, Sichuan Normal University [Shanxi] Taiyuan University of Technology, Shanxi University, Shanxi University of Finance, Taiyuan Heavy Machinery Institute [Inner] Mongolia University, Inner Mongolia Agricultural University [Liaoning] Northeastern University, Liaoning University, Dalian Maritime University, Northeast University of Finance, Shenyang University, Liaoning Technical University, Liaoning Normal University, Shenyang Normal University, Bohai University (former Jinzhou Normal University), Liaoning University of Technology (formerly Anshan University) [Jilin], Jilin University, Yanbian University, Northeast Normal University, Changchun Institute of Optics and Fine Mechanics, Jilin Institute of Technology, Changchun Taxation College [Heilongjiang] Harbin Institute of Technology, Harbin Engineering University, Heilongjiang University, Northeast Forestry University, Qiqihar University, Harbin University of Commerce, Harbin Normal University [Shanghai] Fudan University, Shanghai Jiaotong University, Tongji University, East China Normal University, Donghua University, Shanghai University, Shanghai International Studies University, Shanghai University, Shanghai Maritime University, Shanghai Institute of Foreign Trade, Politics and Law [Jiangsu] Nanjing University, Suzhou University, Southeast University, Hohai University, China University of Mining, Nanjing University, Nanjing Agricultural University, Jiangnan University, Nanjing University of Aeronautics and Astronautics, Nanjing Normal University, Yangzhou University, Jiangsu Polytechnic University, Nanjing University of Technology , Xuzhou Normal University, Jiangsu Institute of Petrochemical Technology, Nanjing Audit University, Nanjing University of Economics [Zhejiang] Zhejiang University, Zhejiang Normal University, Ningbo University, Zhejiang Institute of Finance, Commerce and Industry of Zhejiang University (formerly Hangzhou University), Zhejiang University, Hangzhou Normal University [Anhui] University of Science and Technology of China, Anhui University, Anhui Normal University, Anhui University, Anhui University of Finance, Huaibei Coal Teachers College, Hefei University of Technology [Fujian] Xiamen University, Fuzhou University, Huaqiao University, Fujian Normal University [Jiangxi] Nanchang University, Jiangxi Normal University, Jiangxi University of Finance, Southern Institute of Metallurgy [Shandong] Shandong University, Ocean University of Qingdao, Shandong Normal University, Yantai University, Qingdao University, Shandong Engineering, Shandong University, Jinan University, Shandong Finance Institute [Henan] Henan University, Zhengzhou University, Luoyang Institute of Technology, Henan Institute of Finance, Zhengzhou Institute of Aeronautical Industry Management [Hubei], Wuhan University, Zhongnan University, Huazhong University of Science and Technology, Hubei University, Wuhan University of Technology, Central China Normal University, Central Institute for Nationalities, Wuhan University of Technology [Hunan] Hunan University, Central South University, Hunan Normal University, Xiangtan University, Nanhua University, Central South Forestry University, Changsha University, Hunan University of Arts, Hunan Agricultural University [Guangdong] Zhongshan University, Jinan University, South China University of Technology, South China Normal University, Shantou University, Shenzhen University, Guangdong University of Foreign Studies, Guangdong University of Business [Guangxi] Guangxi University, Guangxi Normal University [Hainan] Hainan University [Chongqing] Chongqing University, Southwest University, Southwest University of Political Science, Sichuan International Studies University, Chongqing Technology and Business University, Southwest Petroleum University [Tibet] Tibet Nationalities Institute [Shaanxi] Northwest University, Xi'an Jiaotong University, Xi'an University of Technology, Shaanxi Normal University, Xi'an Architecture and Technology, Northwest A & F University, Northwestern Law School, Northwestern Polytechnical University, Chang'an University, Shaanxi University of Science and Technology University, Xi'an, Shaanxi Economic Institute of Technology [Gansu], Lanzhou University, Northwest Normal University, Gansu University of Technology, Northwest University for Nationalities, Lanzhou Commercial College, Gansu Institute of Political [Qinghai] Qinghai University, Qinghai Normal University [Ningxia] North National University College of Ningxia University, Ningxia University, Xinhua [Xinjiang] Xinjiang University, Xinjiang Institute of Finance Undergraduate learning content (in Sichuan Agricultural University): The professional training system to master the basic knowledge of law, familiar with the main sectors of law, agriculture law, administrative law and the Chinese Communist Party's rural policies, a relatively broad rural society, agricultural economy and the rule of law in rural areas of scientific knowledge, with the use of legal theory and methods of analysis of issues, management services, problem-solving ability of senior legal professionals. Academic years, Professor of Law degree. Main Subject: Law. Main Courses: Jurisprudence, Constitutional Law, Criminal Law, Criminal Procedure Law, Civil Law, Civil Procedural Law, Administrative Law and Administrative Litigation Law, Commercial Law, Intellectual Property Law, Economic Law, International Law and International Private Law, International Economic Law , business law, agricultural law, administrative law and other rural areas. After graduating at the national organs, enterprises and social organizations, especially in the rural social and economic authorities, agribusiness, primary judicial, public security, legal services, notary public, arbitration, mediation agencies, the penalty implementing agencies engaged in legal work. 2008 enrollment 90. Master of Laws Master of Law graduate education, is a level of academic education for undergraduate candidates registered for the legal profession, focusing on solid learning theory, taking into account application practice, designed to develop a full range of legal elite national talent. Master of Laws and Master of Law are two completely different concepts, the two are very different. First, apply different conditions, different requirements apply. Graduate of the law and legal education, including Master of Laws, Master of the two. LL.M. candidates must apply for a series of national education bachelor degree, undergraduate limited (but more than the actual candidates for the Bachelor of Law), but not non-equivalent undergraduate enrollment. Applicants must have a Master of Laws in the sequence of national education undergraduate degree (or equivalent degree) and non-law graduates, and the equivalent of college graduates to work more than two years; equivalent three-year college graduates to work above. Second, the recruitment methods and examination questions are different. Master of Law is the law graduate is eligible colleges and universities to recruit their own separate proposition (except public extra-curricular), part of the national key universities and colleges generally admit the general LLM qualifications. Master of Laws Master of Laws by the National Joint examination of professional pilot units to recruit, and Master of Laws in the country have the right to admit only a small number of institutions institutions. Third, the educational methods, training objectives are different. Doctor of Laws JD-job training is a way of Dr. Emphasizes legal research scientifically. American universities (University Division) without a law degree, in order to avoid too narrow a law student knowledge Carpenter, American law does not require students to school when the need for law-related degree. School of Law, Medicine, Vocational College of Business School are all different from explore whether practical or pure knowledge of Science, College of Liberal Arts and other faculties. Law institutions are now generally allowed to apply for the job.
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Employment status of professional law
"Four of the five branches, Department of" missing, the creation of specialized institutions of higher education law is everywhere. As of April 2006, there are legal up to 620 professional colleges and universities, students in 30 million. The resumption of legal education in 1977, the national law only three universities, only 200 strokes. That is three years, the creation of the legal profession colleges turn 150 times. Enrollment compared to waves of law, law on the employment situation is not optimistic, which is dominated by the law of extremes meet the inevitable consequences. Whatever had just broken the school even rise a few of the elementary school is also recruiting fresh graduates as teachers, admissions to dozens or even hundreds of students to develop and cultivate the results of the abuse goes without saying, of course, is a matter of course can not find work . Legal profession is the lowest employment rate in China today one of the top ten professional. The China University of Politics and Law class of 2006 graduates, for example, after graduation, only 13% of the Bank, Beijing Jiaotong University, class of 2006 graduates from 104 law major, only 3 people in the political and legal work. China University of Political Science, Beijing Jiaotong University, a law major representatives of the orthodox one ace, one on behalf of illegal law school class of professional training institutions representative of the University, are very good college, two schools of jurisprudence employment like this, of course, the employment rate of other schools will not be better than this. Need to face reality, avoidance is not enough. This is training for those universities in terms of enrollment is the alarm, also need to read those interested in fall into the professional entrance examination of law students have to think twice, do not follow the fashion, fashion always out of date.
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English Expression
n.: law, the science of law, science or philosophy of law, jurisprudence
penal code; criminal law