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The Hierarchical Construction of Jurisprudence with "Fali" as the Central Theme and Research Object

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DOI: 10.23977/law.2024.030217 | Downloads: 5 | Views: 141

Author(s)

Mocheng Sun 1

Affiliation(s)

1 Law School, China University of Political Science and Law, Beijing, 100088, China

Corresponding Author

Mocheng Sun

ABSTRACT

The solidification and blurring of the research object and province of jurisprudence leads to the entry of a large number of illegal theories into the research category of jurisprudence and impacts the scientific status of jurisprudence. The western analytical school realizes the turning of natural law to positive law and establishes the status of jurisprudence as an independent discipline. In modern times, the legal provisions and extra-legal principles established in our country have laid the dual stratification of the research object of jurisprudence in our country. To construct the Chinese model of the research object of jurisprudence, we should start from three levels: ontology, sublimation and concretization. To re-examine the significance of Austin's positive law to contemporary China, from the theory of legislation to the theory of interpretation, pay attention to and explore the value of positive law, as the basis of jurisprudence research. It is clear that the thought of the rule of law in the new era of socialism with Chinese characteristics belongs to the research category of jurisprudence, excavates the philosophical implications of jurisprudence in the Chinese context, constructs the value judgment criteria in line with Chinese history and culture, and pays attention to the integration and boundary of jurisprudence with philosophy, political science and natural science. We should fully explore the "Fali" wisdom behind the department law, use it to enhance the interaction between jurisprudence and department laws, and further summarize and refine the "Fali" knowledge contained in the department law rules and classic judgment cases to enrich the treasure of jurisprudence.

KEYWORDS

Jurisprudence; Central theme and research object; The Chinese model; Legal positivism; Political and legal model; Department laws

CITE THIS PAPER

Mocheng Sun, The Hierarchical Construction of Jurisprudence with "Fali" as the Central Theme and Research Object. Science of Law Journal (2024) Vol. 3: 116-123. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030217.

REFERENCES

[1] Wayne Morrison.(2003).Jurisprudence: From Ancient Greece to Postmodernism. Translated by Li Guilin, Li Qingwei, Hou Jian, Zheng Yunrui, et al. Wuhan: Wuhan University Press, p. 2.
[2] Fu Zitang (Ed.).(2018). High-Level Jurisprudence. Beijing: Higher Education Press, p. 15.
[3] Shu Guoying.(1998).The Beginning of Jurisprudence and the Problems Facing the Present. Law Science, 10, p. 11.
[4] Zhao Zhenjiang&Fu Zitang.(1999).Modern Jurisprudence. Beijing: Peking University Press, p. 13.
[5] Zhang Wenxian. (2017).Fali: the Central Theme of Jurisprudence and the Common Concern of Law. Tsinghua University Law Journal, 4, p. 12-15.
[6] He Qinhua.(2005).The Birth and Growth of Modern Jurisprudence in China. China Legal Science, 3, pp. 3-13.
[7] Liang Qichao.(2005).Collection of Ice Drinking Rooms(Articles outside the collection). Beijing: Peking University Press, p. 1245.
[8] Li Da.(1984).Outline of Jurisprudence. Beijing: Law Press, pp. 13-14.
[9] Tian Fu.(2021).From the Basic Theory of Law to Jurisprudence. Peking University Law Journal, 1, p. 141-160.
[10] Shen Zongling (Ed.).(2014). Jurisprudence (4th edition ). Beijing: Peking University Press, p. 18.
[11] Deng Ling & Dai Xiaodong. (2004).Reflection and Development of Research Objects of Jurisprudence. Social Sciences Review, 3, pp. 73-74.
[12] John Austin.(2013).The Province of Jurisprudence Determined. translated by Liu Xing. Beijing: Peking University Press, p. 8.
[13] Xu Xianming & Qi Yanping. (2008).Multidimensional Aspects of Jurisprudence in Transitional China: Taking Some of the results published in 2007 as the object of analysis. China Legal Science, 2, pp. 113-128.
[14] Zhang Qinyu. (2022).The Governance of the Rules of the Metaverse. Oriental Law, 2, pp. 4-19.
[15] Lei Lei.(2020).Three Models of Relationship Between Jurisprudence and Department Laws. Hebei Law Science, 2, pp. 2-19.
[16] Liu Yanhong. (2020).The Integration and Development of Human Nature Civil Law and Physical Nature Criminal Law. China Legal Science, 4, pp. 114-137.
[17] See Jiangsu Province. (2014).Civil Final Judgment No. 1235 of the Intermediate People's Court of Wuxi.
[18] The most tender judgment of the "Wuxi embryo case" follow-up: four elderly people who lost their only child finally gave birth to a boy in overseas surrogacy, see https://www.faniuwenda.com/Paid/News/index/id/16496.html, last visit on March 20, 2022.

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