Dissertation > Excellent graduate degree dissertation topics show

In theory building core areas of law concerned the legal system of social welfare

Author: WuAnXin
Tutor: YaoRongMao
School: Southwest University of Political Science
Course: Jurisprudence
Keywords: Core areas Liability Power Right Intangible Cultural Heritage
CLC: D90
Type: Master's thesis
Year: 2008
Downloads: 207
Quote: 0
Read: Download Dissertation

Abstract

\kind of theoretical system (school) is distinguished from other theoretical system (school) mark. \Law as a mature discipline system, you must construct their own theory building. So what is core areas of law? Or what can be called the core of the law, the legal backbone? Legal system relies on what exactly to build? Scholars on the law in question is the core areas of controversy relatively large. Status is the most authoritative Rights and Duties. Rights and Duties of the contribution that adhere to our legal research class status pull back on track, from becoming a subsidiary of a return to the academic and political independence, and made a rights-based theory, but what can not be explained to the rights and obligations All legal phenomenon, and the legal system in order to build the base point? jurisprudence in our country today must face. Academic recognition of this, a useful exploration rights proposed powers that proposed the \It can be said that our scholars began to realize that there is a power beyond right there, that authority and the rights and obligations can not be covered, but with the right concept of coexistence. The only drawback is recognizing the rights, powers of the problem, but also limited, stop there. In my opinion, it is the law ignores a particularly common a phenomenon: legal responsibility. About liability obligation is defined through said areas as alleged, and perhaps this is the legal responsibility can not be considered as an academic core areas is an important reason. Obligations as alleged by the scope of responsibility with respect to the obligation to respect means that it is not a basic concept, but a concept derived, is a non-natural existence. What is not it so? The author notes that advocates say Mr. Zhang Wenxian obligation to legal liability issues had this to say about: \in the form of various documents enactments are almost never exceed the limitation of liability - legislation revolves around liability basis, scope, stakeholders as well as the identification and implementation of legal liability (sanctions) and other issues .. As Justice, even based on the identification of legal liability, and execution of all the functions attributed. This makes early legislation presents 'responsibility centers' characteristics. Later, the evolution of social civilization and legal adjustment methods diversification is no longer just the law or mainly dependent on the setting of responsibility and sanctions for violations of the ban as from the perspective of people's behavior guidelines, adjusting social relations, but through positive requirement that people must (should) observe patterns of behavior, breaches of statutory regulations responsibility for behavior patterns and sanctioned methods and procedures, legal and social relations on behavior guidance and adjustments. corresponding 'responsibility centric' legislative pattern was 'obligations - obligations' is replaced by the legislative landscape. modern times, as commodity economy, democratic political and cultural development of rational, declaring to recognize and protect the rights become legislate values, but this does not reduce the value of responsibility, but the conversion of its value, that is, from criminal liability as a sanction mechanism for converting mechanism for the protection of the rights set forth in , obligations and responsibilities to become legislate common concern, thus forming a 'rights - obligations - obligations' legislative model. \For the purposes of the law can not be missing that Mr. Zhang's \responsibility is secondary obligations views? him this empirical analysis, the core areas of responsibility from a legal picks up is beneficial. Also, in my opinion, can not be used to refer to liability obligations Another reason lies, obligations and can not serve as a benchmark to refer to the concept of responsibility. Obligations with respect to the rights and health, what kind of right there is what kind of obligations, obligations merely derivative rights, it can not correspond with the power it needs it and power relations of the original bio - right to achieve. Maybe some scholars will speak, responsibility and authority Correspondingly, responsibility is the power of derivatives. As Hohfeld \In my opinion, this is a misunderstanding of responsibility, authority and responsibilities should be corresponding legal responsibilities as a legal life of a very common phenomenon in France, is a dispute on the conflict, post-conflict produces an inevitable response, which corresponds to neither the power nor the right, which corresponds to a contradiction, conflict, conflict or contradiction is the ultimate answer to any legal, liability is a state of its existence as a state must reflect, is added to the main contradiction should be a burden. It can not be violated, but also can not choose. No legal liability protection as a last line of defense, there is possible abuse of power, easy to violate the rights, legal eventually become a dead letter. In this sense, the responsibility with finality. Therefore, the rights and powers, the responsibility is not dependent on any one of them, nor as an internal processing, it is an independent existence, without the constraints of responsibility, authority and rights of both the potential for abuse, the responsibility is to eliminate this possibility was born, and the relative power and rights, it is a transcendent existence is to make the right and authority to rationalize the existence of powers and rights is the main behavior of a statute. In terms of static and dynamic areas to understand, \of the basic elements, is the ultimate exercise of the rights and powers attributed. So I believe that if the law defining the cornerstone category, it should be right - power - Responsibility Trinity combination. The author believes that the establishment of the \mostly to individuals with full freedom, empowerment as a fundamental value-oriented, then the three core areas of the concept of precedence reference is to make reasonable adjustments, which led to the value of rights, powers, responsibility is in the status of the rights guaranteed; In the field of public law, such as administrative law, in order to give the government more authority to the main value-oriented, of course, to a certain extent it might be to limit the power of value-oriented, whether authorized or limited rights are rights-oriented, rights , the responsibility is at the opposite side of power. We know that the public, private and not covered by the division of social life with all laws, to public welfare as the main form of the third sector, that is, outside the field of public and private law exists, in the framework of its legal system, and if rights-oriented, it will exist such a dilemma: it is not to give individuals more freedom or rights, but about the public's interest. Rights-oriented, will face the same situation. This is also the right of that legal rights of other theories can not answer any questions. In my opinion, the \They're not derive personal gain more and more administrative power; And, as Aristotle put it: \the neglect of public things; everything for the public, pay attention to where he was at most only somewhat related to his personal things. People could think of a thing than others at the corporate level, he would not go to pay attention to, in his wanted to come, this is not something which he particularly negligent. \By giving different subjects, \We intangible cultural heritage protection as an example to prove that the responsibility as the leading scientific rationality. Focuses on the protection of intangible cultural heritage in the body (the subject of rights or powers of the body) responsible behavior requires intervention needs to be responsible for the value oriented architecture corresponding legal system.

In theory building core areas of law concerned the legal system of social welfare

Abstract

Related Dissertations