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The Meaning and Foundation of Faith in Law in China

Author: PangMengMiao
Tutor: LiZhenJiang
School: Henan University
Course: Legal Theory
Keywords: faith in law rational law legal emotion
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 307
Quote: 4
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Abstract


Since the implement of reform and opening-up policy in 1980s, the rule of law has been one of hot issues in China, which can be seen clearly from the popularity of speciality of law in recent years. From the slogans of“the law must be have faith in, or it exists in name only”to“Run state affairs according to law and build a country ruled by law”, we always cherish a kind of hard-to-break-away feelings.We have faith in law, but there exists in real life such kind of cases that the law is not believed in. Then, what kind of attitude toward the law should we show? whether can the law be believed or not? what does faith in law mean? what are the legal and social of faith in law? As a postgraduate majoring in law, these problems always haunt me and urge me to make them clear. This is my motivation of choosing this subjet.Faith in law is a big subject and numerous scholars have done a lot of work on it, which provides me rich materials. The structure of this thesis is as follows:Chapter One: the origin of faith in law. There are two kinds of viewpoints: one is from western countries, the other is from china. However, we chinese should have faith in law. So, the appearance of faith in law in china has its inevitability and contingency.Chapter Two: the meaning of faith in law. In this part, we explain what the law and faith are and the real meaning of faith in law in China which is different from western countries. We hold the view that faith in law is a kind of rational faith that people show for the value of the current law as well as rational obeidence to specific regulations. Faith in law includes subjective and objective contents. The characteristics of faith in law is ideal and rational.Chapter Three: one of the key sections of this thesis. Though the importance of law has been promoted in the heart of human beings, there are still some embodiments of the lack of faith in law in real life. The corresponding problems existing in the process of legislation, execution, judiciary and law-abiding are listed, which makes it necessary to build a solid legal foundation for faith in law in China. The legal bases of faith in law in China include institutional and practical bases. Chapter Four: the key section. It is the basis of faith in law. This chapter comprehensively analyzes four aspects of faith in law, namely, subjective, psychological, social, and cultural.Conclusion: the summary of the whole thesis. This thesis clearly puts forward that the forming of faith in law needs joint efforts and is the result of social and legal factors, and points out the far-reaching significance and the role of faith in law in China.

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