On the Path of the Jurisprudence's Research in China
Wang Xia-hao
Abstract
Wang Xia-hao
Abstract
On the path of the Chinese jurisprudence's research. Jurisprudence in the different time could be one kind of speculation on and answer to the problems with which the different time had confronted. Since the modern age, the course of the western jurisprudence, that is from the modern natural law, legal positivism to sociological jurisprudence, have been what the western jurist have speculated on and answered to the problems with which the western society have confronted. The Chinese jurisprudence's research shall revolve around the central problem with which the development of the Chinese legal system has confronted. The main problem of the Chinese legal system's operation now arise from the enforcement and implementation of the laws, rather than the law-making field. Therefore the Chinese jurisprudence's research shall now revolve around how to guarantee which state's law is legitimately enforced and implemented. From the point of view on the jurisprudence's pedigree, the Chinese jurisprudence's research shall be carried out according to the principles of the legal positivism.
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On the path of the Chinese jurisprudence's research. Jurisprudence in the different time could be one kind of speculation on and answer to the problems with which the different time had confronted. Since the modern age, the course of the western jurisprudence, that is from the modern natural law, legal positivism to sociological jurisprudence, have been what the western jurist have speculated on and answered to the problems with which the western society have confronted. The Chinese jurisprudence's research shall revolve around the central problem with which the development of the Chinese legal system has confronted. The main problem of the Chinese legal system's operation now arise from the enforcement and implementation of the laws, rather than the law-making field. Therefore the Chinese jurisprudence's research shall now revolve around how to guarantee which state's law is legitimately enforced and implemented. From the point of view on the jurisprudence's pedigree, the Chinese jurisprudence's research shall be carried out according to the principles of the legal positivism.
Key concepts: Jurisprudence, Law, Legal positivism, Positivism, China, Philosophy of law, Political science, Sociology