● Although we are used to give the rule of law in order to compliment, but the experience level, the rule of law itself is neutral, the rule of law does not guarantee specific results of each case are reasonable.
● In today's world, legal transplants are inevitable, but the primary issue is on what basis we should be successful transplant
West the law, for whom, and to whom beneficial.
two issues raised by the film
I will quite attendance in recent years, two of China's, reflecting the contemporary rural China of the film about the rule of law.
first film was Not very critical for a number of things, a farmer got into a fight with the mayor, accused the village head Such things in China
society the context is very hurt, angry, and the peasant village so beat up the villagers to the lower body kicks kicks . Villagers were injured. The villager's wife - The Story of Qiu this very angry. She believes that the village can play her husband, but not to that place to play. She wanted to discuss a Because of this dispute is not uncommon in rural China, and the injury is not heavy, so the countryside
Justice Assistant does not give the village a formal punishment, but to try to mediate it. This mediation can not make the Chrysanthemum satisfaction, so she went to the county,
tory burch outlet, the provincial capital to discuss Through these efforts, the last in a lawyer's help, sent a police superior officers to investigate, found that the villagers received light injuries, should be punished by the law and order. Village were arrested and sentenced to 15 days
Chief detention. But in the Chrysanthemum was told of this decision, the village head was taken away on the occasion, The Story of Qiu said, how to catch a man, I just want an explanation. She ran out of the village side of the road, watching the police away, his face puzzled: she does not understand why the law is supposed to work.
The second movie is Simply put, mountain bar Lord is a very remote, very good law and order said the village Party branch secretary of the village. His personal qualities very well, very respectable, but his duty and character have made him some from time to time with the village conflict, and sometimes he even took some illegal means to force the villagers. The village has a young wife abused her mother, and even wounded her mother, condemned by the whole village. Hill bar Lord to see, however, repeatedly beaten his wife in the mother's case, the command man caught up to the wife, tour the village. Tour the village is a very severe civil punishment. Under the shame and resentment, the young
women jumping into a river dead. Poke things into the higher judiciary, police officers arrested Hill bar Lord,
love bracelet cartier, accusing him of illegal detention, violation of
citizens free personal rights.
Here's a brief introduction of course greatly, the movie itself contains more on contemporary Chinese society and the information in rural China. For these two films, many Chinese
Law and critics of the explanation is that they reflect China is moving towards the rule of law,
people people have begun to increasingly use
law to protect their own rights . However, these films make a lot of problems, heritage is very rich.
Of course, this is impossible, nor ready to make a comprehensive analysis of the film's content. This article will focus Discussion: When we see a is said to be more modern, more concerned about protecting the rights of citizens began to affect the rule of law in rural China,
mac cosmetics wholesale, gave farmers what kind of
neutral legal system does not guarantee specific results of each case are reasonable
these two films the first question raised is whether there is a context-free, objective universal rights, and thus can be no doubt create a universal legal
system to protect this right. The usual point of view, and these films exhibited
law practice the underlying view is a universal point of view. In this view, the existence of such universal right to define, especially in some Western scholars have often called fundamental rights: the security, freedom and property rights. Although this basic and fundamental rights of non-classification
theory on the long been questioned, but still very influential in practice, including in contemporary China. To a certain extent, contemporary China's official legal and law are subject to the operation of this
sense form a significant impact.
However, the Story of Qiu's case point of view, this view is very flawed. For example, The Story of Qiu said, the village chief kicks her husband can, but can not kick her husband's pants, which differs significantly from the definition of rights jurisprudence of the right to define. Another example, although no formal legal requirements, but many cities in China, farmers and citizens in mind, would think that people die without sons is also a serious injury to others, such damage or physical injury is more serious than some, is a citizen However, our formal legal system does not take into account these factors, but based on the view that imports to build up, so physical damage is damage, and language, at least .
Of course, if only the different categories of injury, or just stay in the language of the classification level, it does not matter. Important is that language has constructed a reality, affecting the real power. With such a definition and classification from the operation of the law is a formal logic and the resulting social effects. In the - Administrative detention is considered appropriate and reasonable way to resolve disputes,
tory burch outlet, without giving the required statement Chrysanthemum. Even the formal legal system can not understand, nor try to understand what is The Story of Qiu want Important to note that I said that the formal legal system, rather than the operators of this system; I think, in fact, the vast majority of people, if not all, know that The Story of Qiu's What, just because the legal system is not on the design and arrangement of this : The first is the mediation of rural judicial assistants, Chrysanthemum satisfied; followed by the lawyer to Chrysanthemum administrative proceedings on the PSB, The Story of Qiu rejected; the last of the village's administrative detention, even more so in the heart of anxiety and Chrysanthemum puzzled. In other words, only in line with this request will constitute a legal mode of the claim, to enter the program. Here, the system is a logical limit, and everyone knows the knowledge of other possibilities. The actual rule of law - the rules in the rule, not the people to his private knowledge to make decisions based on the specific situation, even if such a ruling is reasonable.
operation of law must be recognized as the rationality of the system. I am not trying a case according to Qiu Ju's gains and losses, this idea back to the wisdom of the Holy Spirit by a kind, fair and honest personal insights based on personal cases handled by the appropriate model of man; as the rule of man may produce excellent results, But - even if individual decision-maker quality beyond reproach - and entirely possible tyranny. In the long run, from the development of China trends and social conditions, China must establish an institutionalized law, the rule of law. And we also know that any system of law can not satisfactorily deal with all disputes are bound to have a deficiency of the Department. From this perspective, the legal system has generally reasonable.
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Modern rationality and feasibility of the rule of law
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rule of the rationality and feasibility - The Story of Qiu mountain bar Lord of the confusion and tragedy
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