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Comment on the Legislative Mode of Codification

Author: LiuJianHui
Tutor: HuangZhuSheng
School: Guangxi Normal University
Course: Legal Theory
Keywords: Code Codification The codification legislative mode
CLC: D901
Type: Master's thesis
Year: 2004
Downloads: 289
Quote: 2
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Abstract


The legal codification recent years has been a hot topic in the life of our legal. The many research department law scholars to study the issue of civil and administrative law scholars in particular are keen to focus on this issue. Theory of jurisprudence legal codification of the reaction does not seem to be particularly strong, from a legal point of codified systematic research results also rare. Of this thesis is the author trying to carry out a preliminary summary of the research in this area. The full text of more than fifty thousand words, a total of five chapters. The main content of each chapter is summarized as follows: The first chapter expounds the meaning of a few basic concepts of the papers close. In this chapter, the authors examine and compare the various definitions of Chinese and foreign scholars Code and its a different understanding of the meaning of codification, and based on their own views of these two basic concepts, then try Codex of this legislative model is defined and a brief overview of its main features, so as to prepare for the commencement of the full text. The second chapter is to briefly review several well-known in the world legal systems of the modern legal codification movement. Two major lineages of the first section the main statement of the Civil Law, the basic situation of the French branch of German lineage of modern codification movement, in particular, law, the Germany national codification and their impact; Section II is the religious law a brief review of the impact of Islamic law and the legal systems of India modern codification movement system; Section III is mainly related to the two main representatives of ancient Chinese Legal System - Chinese and Japanese modern codification reform; This chapter the last one that the fourth quarter under review the world's major legal systems of modern legal codification three famous polemic with illegal typical problem, that domestic controversy in the United Kingdom, the United States Rumsfeld - Carter controversy and Germany pedicle Fort - Sa debate between Pooh. Chapter comprehensive and systematic analysis of the birthplace of modern codification movement - Western European modern codification of legislative model formation and established the basis or reason. This chapter is divided into six sections, respectively, from six different sides of a philosophy based on the basis of the legal theory, the basis of the political system, history, and social humanities foundation depth analysis of the root causes of the modern Western Europe codification movement for writing papers the next two chapters made full of foreshadowing. The main content of the fourth chapter is to review the codification of this legislative model significance and its Codex inherent limitations of the negative impact of the legal practice, based on the height of this legislative model from a philosophical profound reflection. The first section of this chapter discussed the political significance of the codification, section II of its historical and cultural significance, the third quarter is its significance for the development of the law itself. The fourth brief overview of the various limitations of the Codex, that lag, undistributed, inoperability, substandard purpose and codification of technical limitations. Section V turn-depth analysis of the negative impact of the the Codex limitations run aspects of the law on the legislative, judicial, law enforcement, law-abiding and legal supervision. The chapter concludes with a section VI of theoretical circles on the codification of the philosophical foundation reflection, critique and criticism, but also criticism of the Codex limitations of its negative impact a concentrated expression of the philosophical sublimation paper theoretical depth. The fifth chapter is the last chapter of the full text, and is composed of three parts. The first section discusses the understanding of legal rational, including the establishment of the legal rational proposition, the true meaning of the law is the exact meaning of the product of a rational and legal rational. Section II is a rational outlook on China's future legislative mode, rational configuration of the system and summarized the main way of the future legislation, further argues that the contemporary Chinese legal codification of necessity, feasibility and case law in future legal sources position in the system, and finally, in the epilogue set that the author's view of our future legislative mode, draw our future legislative mode should be based codification, the basic conclusions of the judicial precedents legislation supplemented by. Knowledge of this article span involving jurisprudence, history, legislation, comparative jurisprudence, philosophy, and other aspects of content writing is very difficult, but the authors completed a thesis or relying on the strong play of perseverance and the spirit of independent thinking writing, and in many places in the text put forward their own views on some issues, insights shallow, but, after all, is to think for themselves proceeds.

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CLC: > Political, legal > Legal > Theory of law (Law) > Legislative Theory
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