论法及法律的应然与实然

On What the Law and Legal Procedure Should Be and What They Really Are

人们对法的认识 ,历来都是基于法的应然状态和法的实然状态。在分析法的应然状态和实然状态的基础上 ,应进一步探究作为法的实然状态的法律的应然状态和实然状态 ,才能更全面地认识法的本质。

People's understanding of law comes always from two aspects: what is the law postulated in the written form and how the law is implemented in reality. On the basis of an analysis of laws in the two above mentioned aspects, the writer of this paper expounds further what laws should be and how laws are carried out in the real situation when they are implemented, in order to help us to understand the nature of laws more clearly.