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On the Benefit of Law

Author: QinZhiKai
Tutor: ZhuJunQiang
School: Guangxi Normal University
Course: The philosophy of Marxism
Keywords: the benefit of law the explanation and construction of meaning the forming mechanism the foundation of realization
CLC: D90
Type: Master's thesis
Year: 2000
Downloads: 155
Quote: 1
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Abstract

The benefit of Law is a comprehensive benefit, which reflects the human’s plural pursuits towards economic utility and the value of ethics and society. It is also a comprehensive reflection category of the transfermal degree from the value of deservement to the value of realization. It not only measure and prove whether the situation of law and order accords with some set objective, but also pay close attention to whether the purpose of law accords with the social economy structure, and political system, and wether the requirvements of law accords with the functional anticipation of Law. The realization of the law benefit can not slightesuy break away from the motion of law. As a resatt, the purpose of law, the order of law and the practice of law" constitute three essential factors of the benefit of law.The forming of the benefit of law is an extremely complicated procedure. What effects the law benefit is not the recation of effects of one or sereral causes’ separate action but the result of various social civilication factors and legal system factors’ mutual effect and restrict, and it is the product and embodiment of the law梥ocial factors’ join forces. Describing objectively its composition mechanism revealing its internal regularity and motion orbitand building up the bridge of ideal and reality are the kegs and cores of the questions of the law benefit research. So, during the construction and motion of the project of rule-by-law system, it is very necessary to connect organically and dynamically the purpose of law, the consciousness of law, the norms and rules of law, the techniques of law and various law accessories etc, and to go across the entire procedure of law, which includes from me creation of law. the abiding of law, me enforcement of law to the supervisement of law and such links that are in succession and mutually linked up, and to finish the dynamic unification of the two procedures of the law norm’s creation and realization. So, the norm of law is in the end formed.In this period, the norm of laws plays an important role during the procedure of the law benefit’s form, (the norm of law which implicates highly * beneficially potential energy, and even the whole law system, is the basis on which the benefit of law is realized.) It includes the socialjustice embodied by law and the reflection of the country’s will and its acceptance, rigorousness, unity and coordination. At the same time, the social legal system is not an isolated entirety free from the whole social system. It should act in the society, adjust the social relations and connect directly or indirectly with other various, social systems. So, the benefit of law can nevergo beyond the limits which the social caltural conditions give to it In conclusion. ’Without material and technical conditions supplied by the advanced social economy for the motion of kw, and without support of legal power and identification of law culture, mere would be no norm of law, and no mention of the benefit of law.

On the Benefit of Law

Abstract

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