Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in ...Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.展开更多
The report to the 20th National Congress of the Communist Party of China (CPC) pointed out that problems are the voice of the times, and answering the problems and guiding the solutions are the fundamental tasks of th...The report to the 20th National Congress of the Communist Party of China (CPC) pointed out that problems are the voice of the times, and answering the problems and guiding the solutions are the fundamental tasks of theories. To continually promote theoretical innovation on the basis of practice and to write a new chapter on adapting Marxism to the Chinese context and the needs of the times, it is necessary to persist in problem orientation. Therefore, it is a requirement for the implementation of the guiding principles of the 20th National Congress of the CPC to engage in intellectual inquiry with respect to meta-jurisprudence, and, based on that, pursue the target of building an academic system of legal science with Chinese characteristics. There are two main types of problems in meta-jurisprudence. The first is ideological resources, which asks what kinds of ideas shape the direction, foresight, and preferences of legal scholars. The second is the analytic framework, which asks how to tell the different kinds of legal issues apart, finish building the system, choose the best ways to argue, and make strong arguments. Only by starting from the problems of meta-jurisprudence and adhering to the guidance of XI Jinping Thought on the Rule of Law, by combining China's specific rule-of-law practice with fine traditional Chinese legal culture, and by learning from international experience, can the mission of building an academic system of legal science with Chinese characteristics be achieved.展开更多
当前,学界对“什么是‘法政策学’”的问题依然见仁见智。通过词源的整理可以发现,中文术语中的法政策学与法律政策学、政策法学在指涉对象上是混同的。不过,它们的外文词源却指向Rechtspolitik(欧陆法政策学)和Policy-Science of Law(...当前,学界对“什么是‘法政策学’”的问题依然见仁见智。通过词源的整理可以发现,中文术语中的法政策学与法律政策学、政策法学在指涉对象上是混同的。不过,它们的外文词源却指向Rechtspolitik(欧陆法政策学)和Policy-Science of Law(拉-麦法政策学)两种不同的研究范式。前者主要是针对法律与法律政策关系的研究,将法律和法律政策视为规范体系,立足于通过规范内涵的分析和批判来实现二者关系的规范化。后者则是法律的政策科学研究,将法律视为一种决策过程,旨在通过揭示法律决策的规律来实现法律决策的科学化。两者的研究对象、视角、内容、方法、功能都存在明显区别,共同构成了“什么是‘法政策学’”的答案。比较而言,欧陆法政策学的独特性较为稀薄,正面临着日渐衰落的风险。而拉-麦法政策学的独特性则较为明显,具有更为明显的发展潜力。展开更多
文摘Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.
基金a phased achievement of "Research Project of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era of Renmin University of China"(No.22XNQ003).
文摘The report to the 20th National Congress of the Communist Party of China (CPC) pointed out that problems are the voice of the times, and answering the problems and guiding the solutions are the fundamental tasks of theories. To continually promote theoretical innovation on the basis of practice and to write a new chapter on adapting Marxism to the Chinese context and the needs of the times, it is necessary to persist in problem orientation. Therefore, it is a requirement for the implementation of the guiding principles of the 20th National Congress of the CPC to engage in intellectual inquiry with respect to meta-jurisprudence, and, based on that, pursue the target of building an academic system of legal science with Chinese characteristics. There are two main types of problems in meta-jurisprudence. The first is ideological resources, which asks what kinds of ideas shape the direction, foresight, and preferences of legal scholars. The second is the analytic framework, which asks how to tell the different kinds of legal issues apart, finish building the system, choose the best ways to argue, and make strong arguments. Only by starting from the problems of meta-jurisprudence and adhering to the guidance of XI Jinping Thought on the Rule of Law, by combining China's specific rule-of-law practice with fine traditional Chinese legal culture, and by learning from international experience, can the mission of building an academic system of legal science with Chinese characteristics be achieved.
文摘当前,学界对“什么是‘法政策学’”的问题依然见仁见智。通过词源的整理可以发现,中文术语中的法政策学与法律政策学、政策法学在指涉对象上是混同的。不过,它们的外文词源却指向Rechtspolitik(欧陆法政策学)和Policy-Science of Law(拉-麦法政策学)两种不同的研究范式。前者主要是针对法律与法律政策关系的研究,将法律和法律政策视为规范体系,立足于通过规范内涵的分析和批判来实现二者关系的规范化。后者则是法律的政策科学研究,将法律视为一种决策过程,旨在通过揭示法律决策的规律来实现法律决策的科学化。两者的研究对象、视角、内容、方法、功能都存在明显区别,共同构成了“什么是‘法政策学’”的答案。比较而言,欧陆法政策学的独特性较为稀薄,正面临着日渐衰落的风险。而拉-麦法政策学的独特性则较为明显,具有更为明显的发展潜力。