Legal research and the ideological change of its way of thinking

The jurisprudence research of SimSun and the ideological transformation in its way of thinking, as analyzed by Yao Jianzong, involves a detailed study of the complex interest dynamics. The thinking type is categorized into five standards, where legal research is divided into current law studies and Zhang's work. The study of legal theory within law is a sister-in-law activity that reveals non-legal existence and operation laws. The dimensional dimension of logical observation of rule purification is the characteristic of deductive thinking; the study is full of six movements, the law of the law and other thoughts, the structure of the syllabus and the mechanism of the mind-thinking mechanism of the thinking and the need to guide the thinking of the 7-sexual participation non-logical systemic effect test, which is a typical feature of its way of thinking. As a scholar, Yao Jianzong, a professor at the School of Theoretical and Law at Jilin University, emphasizes that Chinese scholars often classify legal research academically, but legal research itself is quite complex and must be viewed in a complicated way. Reflecting on legal research itself is necessary. So far, Chinese legal scholars have not paid enough attention to this issue. Although some scholars have long criticized the practical significance of legal studies, the legal profession in China has not yet realized this question and its substantive meaning with enough consciousness, but it is no facts. This article is a result of the National Key Discipline Construction Project of Jilin University, the project "Socialist Democracy and Rule of Law Theory and Practice with Chinese Characteristics", the Jilin University 985 Engineering Construction Project "Contemporary China Rule of Law", the Ministry of Education Philosophy and Social Science Major Courses Research Project "Appropriation of Socialist Law Theory System Research Project with Chinese Characteristics No. 10200029", co-financed research results. Since the beginning of the period, China's jurisprudence has basically divided jurisprudence into theoretical law and applied law, which is basically the so-called departmental jurisprudence. Correspondingly, jurisprudence research is divided into legal theory research and departmental law research. Although this kind of distinction is convenient for legal education and teaching activities, it is also conducive to the development of the law discipline, and can also meet the reality of legal practice, and seek the legal profession's self-industry and demand. This type of division does not reflect the characteristics of legal research. The law of cake theory research and legal engineering research in law does not distinguish. It has produced and directly revealed the following negative consequences in the theory and practice of law in China. It makes the theory of law and departmental law always unable to concentrate on it. In summarizing and refining the legal theory that conforms to the inherent logic of the theory and the requirements of inclusion, it has to always take into account the response to the utilitarian needs of real practice, thus hindering the development of legal theory. First, it also makes the law theory and departmental law law unable to concentrate on legal engineering research aimed at the improvement and construction of the legal system. The researchers always consciously and unconsciously regard legal engineering design as legal theory. Rarely pay attention to the practicality and operability of legal engineering considering the effect; on the other hand, researchers are also accustomed to exclusive or even directly using their own theoretical claims as legal engineering design, that is, the legal system. Theoretical resources. Ignore the comprehensive use of various legal and non-legal resources of thought and theory, thus undermining the construction of the legal system. First, it makes the theory of law accustomed to self-discipline, and engages in metaphysical theoretical research and despise the departmental law that focuses on the specific legal engineering design, that is, the construction of the legal system. The departmental jurisprudence is also habitually biased towards the specific legal system to make the structure + full of the empty abstraction and uselessness of the legal theory, which makes the legality and integrity of the law break, and the law, the 1 theory and the departmental law are alienated from each other, thus Separation and division of the broad law 7 itself, it makes the legal theory and departmental law are used to accustomed to the implementation of the research is equivalent to the actual practical operation program. This is not difficult to achieve the expected realistic results. However, it also weakens and dispels the true meaning of legal theory in legal practice, which not only hurts legal theory but also makes legal practice blind and self-willed, so that legal theory and legal practice are in fact either combined or opposed to each other. Different from the legal profession, at least some scholars in China's philosophical circles have long pointed out that academic research in the field of humanities and social sciences should be divided into theoretical research and engineering, and research, correspondingly, academic research in the field of humanities and social sciences has theoretical thinking in the way of thinking. And its mode of thinking and engineering thinking and its way of thinking can only be classified in the disciplinary sense. In other words, in addition to the legal research and departmental jurisprudence of the usual meaning, whether jurisprudence research should also be derived from the academic interest and characteristics of academic research Derivation of type division, whether legal research must or must have both theoretical and practical functional orientations. Jurisprudence based on theoretical research and legal research based on practical interest distinguish and distinguish Zhang Wenxian as editor of jurisprudence, Beijing to teach 1 publisher. Beijing people, publishing house. 2, 7 years. Page 3. 2 generations of works include Xu Changfu's theoretical thinking and engineering thinking. The two modes of thinking are the Shanghai-Shanghai People's Publishing House, 2002, and Wang Hongbo's Engineering Philosophy and Social Engineering Beijing China Social Sciences Press, 21 years, meaning What is the difference between the two types of legal studies in terms of thinking, and these questions are indeed related to the development of contemporary Chinese legal theory. The history of the development of Western methodology has long been clear. The emergence of new ideas in law and the emergence of new schools of law, without exception, began with a methodological change of the existing legal theory and the school of law, that is, reflecting on the methods and methods of both theories and schools. At the same time, the methods and methodologies of other disciplines and their ideological and theoretical resources are introduced, so as to transform the existing jurisprudence theory and produce new legal theories and even new schools of law. Methodological change is essentially a change in the way of thinking. The development of contemporary Chinese jurisprudence undoubtedly requires a change in the way of thinking. The type of jurisprudence research and the different ways of thinking, scholars have also discovered the problems of research methods in China's jurisprudence and made serious thoughts, but the legal profession in China has not consciously realized Legal research differs in the fundamental research interests and ways of thinking, and this is also a common problem in the humanities and social sciences in China. This distinguishes the theoretical disciplines of science and engineering from the academic research in the natural sciences we know every day. The situation in engineering is completely different. China's humanities and social science research is always accustomed to science and engineering. If theoretical discovery is confused with engineering design, scholars are accustomed to revealing the laws or principles contained in the research objects, and others must reveal them. The laws or principles applied to practical practice, that is, the practice of proposing realistic operations is to design specific social engineering papers. In the field of humanities and social sciences, theoretical research and engineering research do not seem to be the same as the works of world-wide achievements, but the traits that most humanities and social sciences academic works show are still the chaos of theoretical research and engineering design. such as. This modern famous 1! The study of civilization by the thinker Fukuzawa Yuji reflects both the law and the development of the civilization and the development and development of the theory on the level of ideological and theoretical aspects, as well as the design of the social process of building and developing civilization in Japan. . The existence of this kind of situation is very worth pondering, and we can also understand from the particularity of the research object that the objects of natural science research are usually the objective of the existence of the world, and the study of the laws of these beings It is much more objective and certain. Such a law does not need to be firstly used as a motive and purpose with regular human use. Theoretical research and application of theory are used for engineering. Research can be completely separated by nature; humanities and social sciences are completely different from this, humanities. The various subjects in the field of social sciences are not the objective objects naturally generated, but it is precisely the artificial law Chen Ruihua on the law of the Shenzhen Institute of Law; the study of the wave, the road, the Beijing Beijing Jiuxue Publishing House, 29 years, Fuze Yuji Summary of Civilization Theory, Beijing Compilation Society Translation, Beijing Commercial Press, 1994, p. 14. Social system, social organization and its operation, since it is a man-made object, it must infiltrate human values ​​and subjective preferences. Thus, as an object of research in the humanities and social sciences, it is absolutely purely pure that it is dedicated to researchers. Objective things, but only objects that are full of human emotions and wills, such things always change with changes in people's values ​​and subjective preferences. At the same time, changes or changes in their thinking and thinking must be carried out in the same or equivalent state of the person's informed state or situation. That is to say, the understanding and interpretation of the cognition of the heart than the heart. this. In the study of humanities and social sciences, in the academic research, both the so-called theoretical research on the woody nature of such man-made objects and their laws, and the transformation and shaping of these man-made objects themselves are called engineering studies. It is impossible to not always entangle each other and in fact become a logically seamless connection with almost no boundaries. As a result, in the field of humanities and social sciences, the chaos of theoretical research and engineering research is inseparable, and may itself be a natural or natural phenomenon. However, due to the rational development of human beings, the progress of human society and civilization, the perfection of the system and organization of human society can not rely mainly on the rational design of human beings, but as far as possible from the human nature. Therefore, the theoretical research and engineering research in the field of humanities and social sciences and the conscious and conscious distinction between these two studies are of great significance. Despite being a regular life, we are more familiar with industrial scales such as the Gorge Project. But whether it is a public social practitioner or a scholar engaged in scientific research, in fact, for those non-material forms of work, such as the 6-scale work in the field of education, and the Marxist theoretical research and construction projects of the Central Committee of the 985 Workers, The Xia, Shang and Zhou Dynasties of the Chinese civilization, and the Chinese civilization exploration project, etc.; + strange. however. The academic tradition and the inertia of thinking in the humanities and social sciences have made the humanities and social science scholars have never had the conscious consciousness of distinguishing between theoretical research and engineering research. In the humanities and social science research including jurisprudence, Chinese scholars on the whole are indeed only aware of social theory research and there should be social engineering research. Tracing back to the source, the first person to propose social engineering concepts in the world is considered to be the American jurist Pound. He compares law to social engineering, and law is also recognized as social engineering. Chinese law scholars follow the practice of humanities and social science research. On the whole, they have never realized that there is indeed a theoretical research and work in law research. We all 4 inertia to equate the theory with ten engineering and at the same time adhere to our own theory to design profit and profit, to meet the theoretical significance and practical value of its research. In fact, as early as the late 1970s and early 1980s. The well-known scientist Qian Xuesen first organized the organization of the socialist construction of Zhang Wenxian, the study of the western method of philosophy in the 10th century, the Northern Law Press, 1996, 122125. Also refer to Karl Popper's open society and its enemies, Lu Heng and other translations, Beijing China Social Sciences Press, 1999, page 50 notes can also participate. Bodenheimer's Jurisprudence of Legal Philosophy and Legal Methods, translated by Deng Zhenglai, Beijing China University of Political Science and Law Press, 1999, p. 147. Directly referred to as social engineering, he believes that not only social science but also social science systems engineering education system engineering administrative system engineering rule of law system engineering, etc. Obviously, when Qian Lao proposed to study social engineering questions, he actually put forward the engineering thinking of social engineering and his thinking. The research on the rule of law system engineering began as early as 1st, and this kind of research puts its focus on it. In the face of the system and not focused on engineering, the question of engineering thinking and its way of thinking in legal research has not received enough attention and has not been highlighted; on the other hand, this research has gone to pure scientism and pure The instrumentalization of technicalism ignores the academic summaries and abstractions in the theoretical sense, and the academic influence on the development of legal theory in China is extremely limited. On the whole, Chinese law scholars have basically not consciously realized that there are always some parts of law research that focus on the legal phenomenon of history and reality and seek to study law as a special social norm system and system. The law or the way that exists in the existence and practice of the Soviet Union! It can also be said or truth, legal research reveals these laws, or truths, as a basic supporting theoretical resource for jurists in the design of legal engineering blue in academic research, but also for the legislative and his legal practice films. To follow; and 5 in the study of law; part of it is based on the revealed rules and the various laws or principles of its operation, combined with more diversified ideological and theoretical resources and social factors, depicting the legal system and its operational ideals Blue, that is, effective legal engineering design includes legal engineering paper legal engineering implementation process and legal engineering construction technology. That is, it is necessary to describe the ideal state of the legal system in academics and thoughts, and to implement it as a standard and basis for legislators and legal practitioners. My legal scholars do not distinguish between legal theory research and legal research in the sense of thinking. In fact, legal scholars have unconsciously and often taken for granted the legal scholars’ thoughts and actions that they did not realize. The legal theory research is directly equated with legal engineering design, and the legal theory and its system are directly regarded as the legal system or the legal practice program, that is, the legal engineering, which directly equates the legal ethical justification and logical rationality with its practice. That is, the feasibility of engineering implementation, so the failure of legal theory research results in practice is often either attributed to the immaturity or inappropriateness of legal theory, or it is attributed to the lack of comprehensive ability of legal practitioners or Improper operation measures, 3 Qian Xuesen Wu Jiapei organized the management of socialist construction of social engineering, Qian Xuesen and other systems engineering, Changsha Hunan Science and Technology Press, 1982, p. 2839. 2 Qian Xuesen from social sciences to social technology, Hua Xuesen and other systems engineering, page 8172. In order to promote the theoretical level and ideological height of legal research in China, theoretical dialogue and exchange of ideas between Chinese jurisprudence and world jurisprudence with theoretical and ideological connotations of local and national characteristics are also promoted, and in order to enable Chinese jurists and legal practitioners to comprehensively consider Various effective theoretical and ideological resources to carry out the legal system design and construction of the real legal system improvement and the rule of law practice, thus improving the quality of legal engineering design and construction in China, and also making the concept and consciousness of the legal theory and legal practice circles in China The consciously understanding and understanding of the legal theory research and the way of thinking in legal research and the objective distinction between legal engineering research and its thinking mode, and the respective connotations and their interrelationships between these two types of research and their ways of thinking, Significant. The study of legal theory of law and the theoretical study of its mode of thinking are the study of the current interest or the acquisition of ideas. It is a kind of philosophical activity that reveals the law of the small things in a logical way. The legal theory research in the law is based on the law of the unique social phenomenon and institutional structure of the law. And the purpose of the kind of thought activities to expose the law and the law or practice of its practice is the most direct purpose of legal theory research in law. This can be strongly supported by the numerous jurists' explanations of the main tasks of jurisprudence research. Austin, the founder of the Anglo-American jurisprudence, determined the subject and the determination of the subject of jurisprudence. The essence is that the law of the law 71 is designed to reveal the law of law, to explain what the law itself is, and the master of the law of the famous American jurist Roscoe Pound, Harris of Oxford University A summary of the main questions of jurisprudence. Professor Coleman of the University of Meyer, the scope of French John Austin's jurisprudence, Liu Xingyi, Beijing China Legal Publishing House, 2002, p. 1. The analysis of the two main types of questions in the field of philosophy, Peng Lech Fnobos and others from the London School of Economics and Political Science, explains the jurisprudence, the famous British legal sociologist Roger. Cotwell's understanding of jurisprudence and legal theory itself, the prince of Princeton, 7 of the University of Wittenton, Rutgers, and the University of Ohio, 5th, Kadela's answer to the jurisprudence mission, Joseph of Oxford 7 . Professor Raz's explanation of the tasks of legal theory is clear from different aspects or perspectives. The study of legal theory in law is indeed a very unique activity of ideological exposing and ideological interpretation of the laws or principles of law. In addition, we can also progress from the following aspects to more accurately grasp the ideological influence of legal theory research in law. First. Law as the object of legal theory research in law. Its scope is quite extensive. Fang Wei is a law that exists in the history of Chinese and foreign countries in the system and a law that exists in Chinese and foreign realities. On the other hand, it is the legal thought and legal theory existing in the history and reality of the concept and level; the aspect is static. The legal system and organizational structure of the law, the ideological concepts and the state of the law, and the other aspects, the dynamic sense of the legal system of organizational structure, the ideological concepts and the theoretical reality of the theory and the practical operation of the specific situation. First, the study of legal theory in law is intended to reveal the laws or principles of the existence and operation of different legal systems of different legal systems at different levels, and this law or reason just becomes the core point of these legal systems. It is also intended to reveal the relationship between these laws or principles in order to integrate these laws or principles at a higher level of thought and theory, and this is also the nature and task of theoretical thinking itself. For example, the commonality or law or principle of legal rights in their respective fields can be abstracted out from the legal rights of each legal body recognized by the Constitutional Civil Law, and the entities are abstracted from these common categories. The sharing of legal rights in the legal field can also draw out the commonality of legal rights in the field of procedural law, and then the commonality of legal rights in the field of substantive law and the commonality of legal rights in the field of procedural law as individual laws. Rights, through abstraction and generalization, to obtain the commonality of all legal rights, which is to face the legal rights at the level of legal theory. The legal theory research in law must pay attention to real legal practice and broader social practice, including Various social practices such as political economy, ethics and culture. However, this kind of concern is a kind of objectological concern for the research object, and it should not be a kind of participatory concern. Its purpose is to expose the laws or principles of the legal meaning contained in these practical activities. The study of legal theory in law should pay attention to legal practice and social practice for cognitive needs. For this reason, in terms of thought, the study of legal theory in law must be consciously kept at a certain distance from practice. Only in this way can researchers study and examine the objective laws of law and explain the nature of law or At the time of the law, we maintain a high degree of calmness and restraint in our attitudes and attitudes, and we should exclude the influence of subjective preferences and passions as much as possible, so as to achieve a clear understanding of the law of law-fighting, which is closer to the true meaning of law. Law, theoretical research is not entirely the study of legal theory in the sense of law-level disciplines, but also includes the legal studies of various departments in the discipline sense. There are quite a few parts of the research that belong to the law and theoretical research. The criteria for identification and differentiation here are not the subject classification or subject attribution of legal academic research, but the subject and attribute of legal academic research. All are the legal organization and practice hall of the legal system of exploring the history and reality as well as the legal concepts of China and foreign countries. The law or reason, the academic research, the legal theory research in the corpse law. such as. If the law is what the law should be + and how to understand the law is the basic question of jurisprudence, 0 then, what is the relevant law, the study belongs to the legal theory research in law, what is the law should be, the research belongs to law In the study of legal work, the study of how to know the law is a study of ten research methods of law. This part of the study is part of the study of law and law in law. That is to say, the study of the operational technical procedures of the legal thought, while the other part belongs to the legal engineering research in the law, that is, the study of the design of the legal engineering and its application of technology and procedures 4, the law of law, the porpoise seeks to produce The development of the law and the regular regulation between these laws, the legal theory research of Wei called is to describe the various, sleeve phenomenon. The partiality and reality of the law on the time and space nodes of the sub-laws of the sub-ship law, the formation and evolution of the basic questions of the geology of Geng Gehong, the examination of the knowledge pedigree of the jurisprudence. Practice, but this is only to discover the truth of the laws contained in complex legal phenomena. From the perspective of thinking, the law of seeking law is the guiding guide of legal theory research in law, and also the thinking limitation of legal theory research in law. The law or reason of law is not the pure subjective feeling or imagination of legal theory researchers in law, but the objective attributes contained in the various laws and their practical operations in history and reality, and their attributes. Intrinsic connection, the work of legal theory researchers in law is to make these attributes and their connections through the understanding and understanding of refining, summarizing and interpreting them to make them systematic and explicit through the language of the carrier and the legal thoughts. The way to get out. The law of law or the seeking of reason is not revealed. It has always been the fundamental driving force for the study of legal theory in law. First, the dimension of the purification value position. From the perspective of thinking procedures and rules. In order to uncover the objective laws or principles of law, the study of legal theory in law must maintain the purification of value positions as much as possible. When research is to conduct research, it is necessary to carry out the purification of value positions. Within the scope of the humanities and social sciences, including jurisprudence, theoretical thinking is absolutely impossible to carry out and obtain truthful understanding under the conditions of true value-free or value exclusion. This is not only because the legal scholars who are the subject of cognition themselves understand and interpret the law. It is absolutely impossible to be a clean and empty 3' without any thoughts, that is, the value of the subject, the theoretical understanding and interpretation of the object of understanding and interpretation, and, as a direct guide and support of the scholars' scholarship and value Constructed under. These two points show that in the field of humanities and social sciences, the subject of the understanding and practice of the work and the object of understanding and practice are. The essence of each kind of cutting and thus having a value position lies in the fact that it requires the legal theory researcher to always adhere to his own value position and to be able to carry out the quotation of the price 1 position. Transforming; on the other hand, it also requires legal theory researchers to eliminate the negative effects such as the emotional preference and the subjective preference of the passion factor and maximize the theoretical thinking under the calm and rational constraints of the mind. First, logical thinking. The study of legal theory in law is to use concepts to explain the law of law, or reason, the development of concept and its movement is the basic form of legal theory research in law. It pays special attention to the reliability of theoretical premise assumption and the assumption from premise to specific theory. The derivation of the conclusions is logically rigorous and complete to ensure the reliability of the theoretical conclusions obtained. As to whether such theoretical conclusions have practical operability and four lines in social reality. Then + is the law research institute in law to consider. If you think about this question from another angle, then, from the formal point of view, the legal theory research in law is the one to participate in Ulfried. The scientific theory of Neumann's law, Al. Kaufman Winfried. Hasmael edited contemporary legal philosophy and introduction to legal theory, Zheng Yongliu, Beijing Law Press, 2002, p. 456. Can also refer to the law in the modern society of Unger, Wu Yuzhang, Zhou Hanhua translation, Beijing China University of Political Science and Law Press, 1994, p. 4277. Jiang Lishan's jurisprudence studies what is the logic of the concept of ideas and concepts from the current practice of the old! From the essence. The study of legal theory in jurisprudence is based on the existence and operation of various concrete and actual laws of history and reality, and forms corresponding concepts on the basis of generalization and abstraction. Through the unfolding and movement of the concept wood body, the theoretical conclusion of the logic-completed customs clearance method is finally obtained. and so. The study of legal theory in law can not be particularly important in terms of logical thinking and logical completeness of theoretical interpretation. First, observational thinking. The law of law in the legal theory research institute of law is to be objective and real, and only objective and real can truly convince people. In order to achieve this goal, the researcher must be consciously outside the law in the sense of consciousness and spirit, and objectively observe and think about the law with the position and posture of an external observer. The legal theory researcher in law In the observational thinking of the law, the theoretical resources and the academic resources that can be used are complex rather than single, except for legal knowledge and legal theory and methods, including philosophical sociology, political economics history. The theories and methods of ethics, chemistry and chemistry, may become the academic resources of legal theory research in law, and this can ensure that the research results of legal theory in law are embodied in the law or reason of the law discovered and discovered in this study. The legal wave theory is constructed through the concept of legal engineering research and its way of thinking in law. The purpose and purpose of research is based on the laws or principles of the things we recognize, from our own life and life purposes, to our value preferences. As a principle, using actual life and social utility as an indicator, using realistic actual materials, thinking If the typical characteristic of theoretical research in the way of thinking is the purification value position, then the typical characteristics of engineering research are precisely the strong price preference, the ideal goal setting and the expected social effect. 13 Traditionally, at least in China. In the field of social sciences, when it comes to academic research, it seems that the theory of theoretical research is also being used to solve any social practice in the field of humanities and social sciences. It is true that there has been a unique position in engineering research since the beginning of the study; theoretical thinking must not only consider the law of cognition and uncovering the law. 1. It also needs to consider the use of these laws to set up the ideal social system and social organization. Architecture, it + only provides social workers as a basis and standard of practice. Moreover, it also naturally provides technical operation schemes for engineering practice, and theoretical thinking and engineering thinking are always naturally confused. However, from the perspective of engineering, the social structure of any society, including institutional arrangements and organizational structure, is indeed a typical social project. Humanities and social sciences, including law, should take the study of humanities and social engineering as parallel with theoretical research. Independent academic research is considered. In the field of law, legal engineering research is based on the real life of the human being, and fully considers the life of the human being. Through the study of the legal theory in the law of transport law, it is the law of the law or the law. Xiaohe is still using the various historical and realistic village materials of the social syllabus and conditions related to the various series of ideological and theoretical resources of the humanities and social sciences. The actual society of the team, the effect of the 4 methods is the index, the design and construction of the ideal legal system framework and the ideological operation activities of the practical operation mechanism. For example, the Japanese jurist, Hiroshi Hiroshi, is a researcher on dispute resolution and trial systems, and is a famous American jurist and judge. Posner's research on the federal federal court system. This American jurist Norett and Selznick's law on social change, the study of style 3 is a typical legal engineering study in law. t from the overall point of view. The legal engineering research in jurisprudence generally includes such a one-off or part-time principle that is sufficient for Fajin’s principles, legal concepts, legal rules, legal and technical strengths, and the like. The creation and improvement of the legal system at the level of the system is the legal engineering research of Neigu; the second is the legal project based on the specific legal system at the above-mentioned level, which is based on the creation and improvement of the legal department. For example, research on the draft of the legal department's expert recommendations issued by Chinese departmental law scholars in recent years, and the like, and the legal department N as the combination element, the content of the overall legal system is constructed and improved. Legal engineering research, such as the study of the socialist legal system of the Chinese (1) characteristic, is based on the practice of the law and the specialization of the operation of the hall, and the realization of the legal effect of the law. In order to understand and understand the essence and connotation of legal engineering research in law more deeply and accurately, it is necessary to Law in law. The one-way study is naturally the first to take the theoretical results obtained by the law research theory in law, that is, the law or reason of the law that it reveals. This is also the legal engineering research that Chinese legal scholars actually engage in law. . and. Most law scholars in China even use the laws or principles of the law discovered or revealed in the law of law and law as the only ideological and theoretical resources. However, social engineering, including the law, must meet the social utility presupposition of the project and consider the situation involved in social engineering. In particular, it is necessary to consider as comprehensively as possible the various ideal conditions for the construction of social engineering to achieve the expected social utility. To this end, legal engineering research in jurisprudence must not only use the theory of legal research in law, as the idea of resources must also be carefully analyzed and carefully considered directly and indirectly related to social engineering such as law. Other various ideological and theoretical resources utilized by the capital, including the ideological and theoretical resources of other humanities and social sciences in the content, and may even include the solution and trial system of the disputes between the natural and the sects of the filial piety, Qiu Xinxin, Beijing China University of Political Science and Law Press , the challenge and reform of the Federal Court of Chad Posner, translated by Deng Haiping, Beijing China University of Political Science and Law Press, 2, such as the law and society in the transformation of Nonet Selznick in 2 years, translated by Zhang Zhiming, Beijing University of Political Science and Law Publishing house. In 1991, the thoughts of science subjects were on the resources and engineering of the various disciplines, and the ideological and theoretical resources of various disciplines, and the existence of space also included the existing and existing ideological and theoretical resources of ancient and modern China and foreign countries. These ideological and theoretical resources and the social conditions and materials of history and reality are important supporting elements for legal engineering research in law to design and construct an ideal model of social engineering such as law. First, the legal engineering research in law is mainly the thinking design and ideological construction of the ideal legal engineering model. In the human society and human life, not only all kinds of material engineering design and engineering construction are everywhere, but also a variety of non-material engineering design and engineering construction are everywhere. Legal engineering design includes two aspects, the simple legal engineering model is the ideal legal engineering blue design, and the other is how to construct this legal project in reality to complete the legal engineering design from the legal engineering blue design to the reality. Really presented engineering construction, programming. The legal engineering model design of the ideological and conceptual significance of the Legal Engineering Research Institute in law directly includes the legal engineering blue design and the construction of legal engineering, that is, the construction program design. For example, the study and design of the various components and the overall appearance of the socialist legal system with Chinese characteristics from the perspective of their respective disciplines and cognitions is a study of the law of the socialist legal system with Chinese characteristics. It is the specific legal engineering blue design; and the research on how to make the legal engineering blue of the socialist legal system with Chinese characteristics realize in reality, that is, the real research, is the engineering construction procedure and technology in the legal engineering research component.研究;而我国通过具体的立法实践不断地且度个地分阶段分步骤地实现这项法律工程的各个主戏方面。 就是这项法律工程的施工和建造。吴邦国委员长在20年全国人民代大会上宣布中国特色社会主义法律体系初步形成,明这项法律工程的实际建造已经具有并呈现出了初步的现实景观,也就是说,中国特色社会主义法律体系这项法律工程的蓝通过现实的实践操作与建造。经取得了相应的现实成果何必须明确。法工程研究在任何情况下都只是种对法律工程蓝及其施工程序的模型设计,即对理想的法律。1柞的种观念建构在内容它部分地处对原钌的法律工程蓝的改进或者完善,部分地是对现实存在的法律实景的观念纠偏,还有部分地是真正的理想的法律工程的制度创新它直接地与法仲工,设计者及其法律价值观! 会价值观和政治立场相关,与设计者所掌握的法律的思想理论资源其他各种思想理论资源相关社会条件与材料等相又闪此法学中的法工程研究及其所设计第。法中的法律工程研究既包括了学科意义的法学即1论研究的部分内容又包括了学科意义上的部门法学研究的部分内容。由于主要与法律的制度分析和制度建构直接相关,法学中的法律工程研究很容易被简单地等同于通常1阿尔弗里德。比勒斯巴赫法学与社会科学,阿尔。考夫曼温弗里德。哈斯麦尔主编当代法哲学和法律理论导论,第479480页。 学科意义上的部门法学研究,但这种理解并不确切,甚至是对法学中的法律工程研究在性质内容和研究方法等的全面误解。这种误解类似于把法学中的法律理论研究简单地等同于学科意义上的法学理论研究的误解。实际上,法学中的法律工程研究既包括了学科意义上的部门法学研究中的部分内容,又包括了法理论研究中的部分内容比如对如何在1实现法治的研究第。法学的法律工程研究,+是直接的法律实践法学中的法工程研究所要解决的问是思考设计和建构理想的法律工程模型。这个模型乃处现实的法律实践对现实法律加以改进和完善的标准和依据,但这种模型最多只是在思想和观志上进行过思想头验和思想操作的吴型,它与现实的法律实践绝对不能等同。从法学中的法律工程研究所建构的理想的法律工程模型到真正的现实法律实践,实际上还有个中间环节,那就是法律的工程技术即法律的工程建造过程与程序,休1法程施1技水和付策研究,这种研究然地属于1法芦的法。程研究之列,同样是为现实的法律实践做准备而不是直接的现实的法律实践。质言之,法律工程研究中无论是法律工程设计研究,还是法律的工程建造过程与程序的技术研究或对策研究,都还只是属于思想与观念的范畴,这里的主要活动也还只是思与想,也就是纸上谈兵,或者说在思想上的模拟推演;而法律实践则是直接把法律,程纸变成法工秤现实的施工活动即实实在在的做。也就以依据法律工纸所迸行的现实的技水操作与物质性的建造。 法学中的法律工程研究与法学中的法律理论研究不仅在主旨与内涵上具有非常明显的差别,而且,法学中的法律工程研究在思维方式上也具有自身的典型特点。 第,问和需要导向的思维。法学中的法律工程研究的根本目的是要解决实际的现实叫也就处要解决现实的法律及其实践所存在的各种现实矛盾。从而使法律在整体上能够协调和完善在实践上能够获得最好或最大的社会正效果,概言之,法学中的法律工程研究就是要寻求解决具体的实际问满足现实的具体需要达到确定的现实目的。,因此,在思维方式上,问和需要导向,就是法学中的法律工矛王研究的首要特点,问导向意味着法学中的法律工程研究的

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