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英国法学专业课程论文代写-英国法律学问的二元平衡精神 British legal culture of binary b(3)

时间:2012-04-06 10:59来源:英国作业网 编辑:英国法学专业课程 点击:
The above for although far from won the British legal culture all the external characteristics, but enough to make it acceptable at both ends, with a hold for the binary and in balance spirit show wit


The above for although far from won the British legal culture all the external characteristics, but enough to make it acceptable at both ends, with a hold for the binary and in balance spirit show without involuntary discharge of urine. This spirit to admit that the complexity of the things and the universality of contradiction for the premise, accord with the objective law of the development of nature, it is a kind of scientific world outlook and methodology, known as the "golden way" reputation. Dialectical materialism tell us, all things of the world, is a polar opposites of containing contradictory unity. If both parties contradictory balance structure, harmonious relationship, things are in stable state of union and the routine, the middle road of forward development. In other words, the balance of the universe is normal existence and movement of the natural law and common law, as that the ancients cloud: "who of the world, the path and YongZhe, the theorem." [11] position is the reason, heaven and earth and the ecological balance, all things to breeds; Society balance relationship, people can live and work; The body biological balance, the life can the longevity and health. If the imbalance between opposing polarities, prefer to a certain extreme, the development of things will slip into a partial way, XieDao, and finally to the opposite of things. To avoid a situation after the occurrence, people shall be the right choice is not holding a holding two, refused to extreme, i.e. follow moderate and reasonable principle, properly grasping things end, in order to strive for and keep a harmonious balance. The British capable of the objective law of mystery, the nature of the tao, its ably to the legal system construction and the law of life of operation, thus create value to balance as the core of the legal culture.


HangBi so far, can not help but think to China the treasure of the doctrine of Confucian culture- In my opinion the author, sheet is two concepts of the ideological connotation and value for appeal, balance and the doctrine of the spirit can delimit equal-sign, the Chinese ShuoRu explain the doctrine of the mean benefits, such as the doctrine is "knock at both ends, with the status of the genre of" is "impartiality, from which the word" is "free all and" (3), almost verbatim can bring the British legal interpretation of the cultural spirit of balance. But, here it must be pointed out that balance spirit and the doctrine in the UK but the practical significance of the great differences. In Britain, the balance of the spirit of the idea never been people talk interminably show everywhere, but in the chemical i. e. the legal system and the social law every link of the behavior of the daily practice in, or, rather, it is mainly as a real physical culture and show to the world. In China, the doctrine of the ruler of past and scholar by the great esteem and that is people shout versus ring, but in the national system and the actual political legal life but no trace, instead, advocating "whole unification" system and used to "top-down" model of the absolute monarchy ruled most [12] do exactly the opposite, consciously or unconsciously follows the "black or white" 2 d opposites in logic, and the results, "interests", "nothing down, nothing up", "set" fighting philosophy is love, from one extreme to the other extreme "in two with a" pies common things, the golden mean actually become a kind of beauty and empty moralizing, or is it just pop in a small literary intelligentsia in a ethics, even the main is a ruler to tame the spirit tool of the subjects. In a word, on this issue, China is "all talk", at least, is "the much, said the little" (4); Britain is "light practice don't say" or, "said little, do more". The UK is the surface looks similar middle path concept, and in the design of the legal system and legal operation practice level but PanReYunNi, the root of this is about. Today, the difference is still visible. In the current our country is to strengthen the rule of law and legal culture under the situation of construction, this is a very serious reflection is the serious problem of people.

 

Comments:


(1) The time of Edward I make written regulations, there are four is The most important, they are: The first Statute of Westminster (1275); The Statute of Gloucester (1278); The second Statute of Westminster (1285); The Statute of 1290 (Quia Emptores). See Great Britain encyclopedia entries in the common law,


(2) Herbert parker had put the police operation mode of the indictment summarized into two basic types: "crime control" mode and "due process" mode. The former based on social whole security to crack down on crime control and is the first value target; The latter based on individual rights safeguard, emphasized the importance of the indictment exercise program legitimacy. See (English) Michael MaGuiEr. The policeman management-the 1984 police and the criminal evidence law "[A]. Michael gao wei. British criminal judicial procedure [C]. YaoYongJi et al. Beijing: Oxford University press, 2003.68.


(3) zhu xi in the zhu xi's chapters "wrote:" the impartiality, without transgression, and all the name of the count, common. Also." ChengYi in the doctrine of compiling "wrote:" no partial is called, not easy for the no."


(4) in China, the knowledge of different numerous examples, such as pipe preach "up her barns firm and know etiquette", "food and clothing to the full, wed bred" and so on, but in the social reality, "when think lust", "for rich and goes" but the phenomenon such as can be found everywhere.


代写英国法律专业课程作业references 】

[1] "German. Law and religion [M]. LiangZhiPing translation. Beijing: China politics and law university press, 2003.54.

[2] (beauty) E. The hammersmith compensates. Jurisprudence-the philosophy of law and its method [M]. (deng. Oxford: Oxford University press, 1987.415-416.

[3] [method] within reach d, caleb. English law and the French law-a substantial more [M]. PanHua copy, et al. Beijing: tsinghua university press, 2002.28.

[4] j. Langbein, The Origins of Adversary Criminal Trial, Oxford: Oxford University Press, 2003, pp. 179-207.

[5] [beauty; Arthur, Kuhn. The common law principle [M]. Would ChenChaoBi. Beijing: Oxford University press, 2002.73.

[6] GaoYiFei. Of the jury system fundamental purpose is to prevent government oppressive

[7] ShangWeiJian. Britain and the value of the jury system debate.

[8] [9] [English] Philip John, corder. British police [M]. See Peter murphy, LiuGangYi. Beijing: the masses press, 1990.172, 39.

[10] [English] gaza nantes, QiuEn. The police indictment of [A]. Michael GaoWeiYi. British criminal judicial procedure [C]. YaoYongJi, et al. Beijing: Oxford University press, 2003.46.

[11] the doctrine of compiling ".

[12] PangZhongJia. The doctrine of the mean, the who will do to-" hole door teach method "to interpretation.
 



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