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Legal Construction in Chinese Local Context
Author: QianXueYun
Tutor: ZhangDongMing
School: Huaibei Normal
Course: Legal Theory
Keywords: local context legal construction Insurance law Legal culture
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 33
Quote: 0
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Abstract
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Based on the analysis of insurance law, and on the adoption of micro and macro view combined, the thesis reviews the evolution of the legislation of Chinese insurance from the late Qing dynasty till the present, and analyzes the social and theoretical background of the legal construction, revealing that Chinese law construction should not only absorb and learn from the resources of western legal construction but also adapt to the demand of the localization by exploring Chinese and western local context. With the method of historical and comparative observation, it further studies the relationship between the legal construction and the local context and emphasizes the ways of Chinese legal construction, namely, legal transplant theory and local resources theory. Through the detailed analysis and reflection of the two theories, the thesis points out that in the process of the legal construction, only if two kinds of patterns are jointed together, can it adjust to international legal framework and promote the development of Chinese law. It is also concluded that the Chinese legal construction should focus on the regional characteristics of the law as well as its universality, and pay attention to space-time of application of law when one learns from western legal resources in order to realize the successful connection of the Chinese and western legal cultural resources. The thesis holds that the legal construction calls for people’s change of legal consciousness, enhances the identity of legal idea, and promotes steady development of Chinese legal process with the transformation of local context.However, China’s current legal construction and the development of China’s legal status is compared, the academic circles and government in dealing with this problem also appears weak. Although the development of Chinese legal construction have made some achievements, but in the context of the local on integration and the process of globalization, China’s legal construction in theoretical and practical aspects of no breakthrough progress. To solve these problems, the analysis of local insurance legislation, combining modern context of social transformation, the specific circumstances of globalization and seek effective construction mode, in order to Chinese law construction development and perfection of help.Based on the perspective of modern China insurance legislation for the local context, the legal construction of system, made the first chapter is divided into five chapter: introduction, the paper simply introduces the reasons and problems, the research status, and from the perspective of insurance legislation development of the local context legal construction of meaning and want to accomplish this, The second chapter legal construction of the social background and theoretical background, summarizes the connotation of legal construction and relevant concepts, The third chapter of local context, legal construction that can leave local context and independent existence, The fourth chapter discusses in detail the achievements of Chinese legal construction and confused, In chapter 5, insurance for cutting Chinese legal construction of the thinking mode of development and perfection.
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CLC: > Political, legal > Legal > Chinese law > Theory
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