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Perspective of Chinese Social Stratification legal

Author: YiDian
Tutor: WangWei
School: Southwest University of Political Science
Course: Legal Theory
Keywords: Social Stratification Structure Awareness Interest Legal order
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 192
Quote: 0
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Abstract


Our country is now in a profound social change. Whole change is comprehensive, from a political, economic to cultural, from the material to the spiritual aspects of life aspects of life have a sea change. These changes, no doubt will cause a series of social phenomena, including social structure and social class changes. Legal basis of society. And hierarchical social structure and will certainly lead to dramatic changes in a corresponding change in the legal order. But in contemporary China between these two changes are not consistent, normative role of law and integration role not reflected, which led to a lot of social disputes and social conflicts from occurring. Therefore, in order to make up the gap between the social and legal, to form a good interaction in the field of social stratification research carried out under legal order should become law in transition China must confront and important issues of concern. To study the relationship between law and society, sociology of law must be used to look at the position of the law. This position requires us through social experience and empirical analysis approach to the relationship between law and social understanding. This paper attempts to from this point on to do a panorama of contemporary Chinese legal description. Article is divided into five parts. The first part of the article will briefly introduce the concept of social stratification and the related theories, and that these concepts are from the distribution of social resources and the uneven possession to define and understand the social stratification, emphasizing from the perspective of the social dynamics of layer status and impact of full consideration. The second part from the structure, the three aspects of consciousness and interests of social stratification and the relationship between the legal order, that the law as a social phenomenon, and its power lies in change and development contradictions within society. This article briefly describes the third part of contemporary Chinese social stratification status quo, that social change in the main single to multiple relations to a contractual relationship and identity change is the development of two important features of hierarchical and that hierarchy in the hierarchy and awareness , China's social stratification serious problems still exist. The fourth part of the article from the perspective of social stratification view on the legal, social order obtained by the rule in particular, there is a rule of law to construct or control, but these rules are available through the people's initiative to be supported. Creating social subjects through legal use to influence laws and legal integration and coordination balancing play. The fifth part that the law or other social governance capabilities and goals are fundamentally rational is to promote a modern hierarchical structure formation, while reasonably diverse social class structure is also the basis for the rule of law factors. In general, the structure and culture is the study of social phenomena are two basic paths. Therefore, in the epilogue, I'll cultural perspective on the history and reality of social change are briefly analyzed, and changes in the law to ensure that only the development of the legal system and the legal value established with the goal of establishing consistent with the direction of social change, and a positive interaction between the two in order to achievements the Chinese people need the rule of law.

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CLC: > Political, legal > Legal > Chinese law > Theory
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