我国法律中的数字规定与公平正义
发布时间：2018-12-18 19:10
【摘要】： 文章以我国法律中的数字规定为研究对象,以实证分析的方法对我国法律中的数字规定进行实然层面上的考查。文章包括引言与四部分内容,通篇以问题的形式作为标题并且作为文章的逻辑脉络,而对这些问题的回答即构成文章的内容。引言部分,交待了文章的写作目的,即面对法律中存在大量的数字规定,不禁产生为什么规定、如何规定……等等的疑问,出于对这些疑问的解答便有了这篇文章；文章第一部分,通过归纳、总结法律中的数字规定,从特点、内容、类型等方面对法律中的数字予以梳理,使“法律中的数字”以一个具体、独立的形象成为一个可以单独研究的客体；第二部分,第一部分解决了法律中数字规定“有”的问题,接下来的疑问便是“为什么有?”,即法律中为什么要规定数字。本部分从法律的结构、法律的内容、法律的实现三个方面解释了法律中规定数字是必然的、必须的并且是必要的；第三部分,紧接着一、二部分,回答了法律中的数字是如何规定的问题,即法律中的数字的合理性基础是什么。本部分通过分析我国立法、法律修改等过程中所涉及的数字条款,总结出一些数字条款立与改时所考虑的因素、依据,并且指出这些依据也应当是今后数字规定应当予以考虑的依据。第四部分结语,将法律中的数字规定与公平正义之间的所隔的“窗纸”捅破,指出：事实上,通篇我们都在围绕着公平与正义展开：什么是法律中的数字?能够体现法律的公平正义的规定。法律中为什么规定数字?因为法律中规定数字有利于其公平正义的实现。法律中的数字是且应当是如何规定的?看其规定的情境、确定的数字是否有利于公平正义的实现。 文章以“我国法律”作为“数字规定”的限定,决定了文章的分析以实然层面的实证分析为主,文章的目的也正在于说明数字规定与法律之间存在着一定的关系,并且能够在一定程度上揭示这种关系。应当指出的是,文章的第三部分也具有一定的应然倾向,即不仅仅是对数字规定的理与据的概括,并且提出这些理与据也是进行各种数字规定应当考虑的因素。(文章没有具体分析,仅希望能够提出一个有价值的论题)我想这就是本文存在的价值与意义。
[Abstract]:This paper takes the numerical stipulation in the law of our country as the research object, carries on the actual examination to the numerical stipulation in the law of our country by the method of the positive analysis. The article includes the introduction and four parts, the whole part takes the form of question as the title and serves as the logical thread of the article, and the answer to these questions is the content of the article. In the foreword part, the author explains the writing purpose of the article, that is, facing the large number stipulation in the law, it can not help but produce why stipulation and how to stipulate. The answer to these questions, and so on, is this article; The first part of the article, through the induction, the summary law in the numerical stipulation, from the characteristic, the content, the type and so on aspect carries on the combing to the legal figure, causes "in the law the number" to be a concrete, The independent image becomes an object which can be studied separately; In the second part, the first part solves the problem of "have" in the law, and the next question is "why is there?" that is, why should the figure be stipulated in the law. This part explains the necessity, necessity and necessity of the figures in the law from three aspects: the structure of the law, the content of the law and the realization of the law. The third part, followed by the first and second parts, answers the question of how the figures in the law are defined, that is, what is the rational basis of the figures in the law. By analyzing the digital clauses involved in the process of legislation and law revision in China, this part summarizes the factors considered in the establishment and reform of some digital clauses, the basis of which, It also points out that these bases should also be taken into account in the future. The fourth part of the conclusion, the law between the numerical provisions and fairness and justice between the "window paper", pointed out: in fact, we are all around fairness and justice: what is the number in the law? Can reflect the fair and just provisions of the law. Why does the law require figures? Because the number in the law is conducive to the realization of fairness and justice. How are and should the figures in the law be and should be? Look at its prescribed situation, determine whether the number is conducive to the realization of fairness and justice. The article regards "the law of our country" as the limit of "the number stipulation", which determines that the analysis of the article is based on the empirical analysis of the realistic level, and the purpose of the article is to explain that there is a certain relationship between the number regulation and the law. And can reveal this kind of relation to a certain extent. It should be pointed out that the third part of the article also has a certain tendency of ought to be, that is, not only generalize the rationale and evidence of the number stipulation, but also put forward that these principles and data are the factors that should be considered in the various numerical provisions. I think this is the value and significance of this paper.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
本文编号：2386360
[Abstract]:This paper takes the numerical stipulation in the law of our country as the research object, carries on the actual examination to the numerical stipulation in the law of our country by the method of the positive analysis. The article includes the introduction and four parts, the whole part takes the form of question as the title and serves as the logical thread of the article, and the answer to these questions is the content of the article. In the foreword part, the author explains the writing purpose of the article, that is, facing the large number stipulation in the law, it can not help but produce why stipulation and how to stipulate. The answer to these questions, and so on, is this article; The first part of the article, through the induction, the summary law in the numerical stipulation, from the characteristic, the content, the type and so on aspect carries on the combing to the legal figure, causes "in the law the number" to be a concrete, The independent image becomes an object which can be studied separately; In the second part, the first part solves the problem of "have" in the law, and the next question is "why is there?" that is, why should the figure be stipulated in the law. This part explains the necessity, necessity and necessity of the figures in the law from three aspects: the structure of the law, the content of the law and the realization of the law. The third part, followed by the first and second parts, answers the question of how the figures in the law are defined, that is, what is the rational basis of the figures in the law. By analyzing the digital clauses involved in the process of legislation and law revision in China, this part summarizes the factors considered in the establishment and reform of some digital clauses, the basis of which, It also points out that these bases should also be taken into account in the future. The fourth part of the conclusion, the law between the numerical provisions and fairness and justice between the "window paper", pointed out: in fact, we are all around fairness and justice: what is the number in the law? Can reflect the fair and just provisions of the law. Why does the law require figures? Because the number in the law is conducive to the realization of fairness and justice. How are and should the figures in the law be and should be? Look at its prescribed situation, determine whether the number is conducive to the realization of fairness and justice. The article regards "the law of our country" as the limit of "the number stipulation", which determines that the analysis of the article is based on the empirical analysis of the realistic level, and the purpose of the article is to explain that there is a certain relationship between the number regulation and the law. And can reveal this kind of relation to a certain extent. It should be pointed out that the third part of the article also has a certain tendency of ought to be, that is, not only generalize the rationale and evidence of the number stipulation, but also put forward that these principles and data are the factors that should be considered in the various numerical provisions. I think this is the value and significance of this paper.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D920.0
【参考文献】
相关期刊论文 前3条
1 苏力;也许正在发生——中国当代法学发展的一个概览[J];比较法研究;2001年03期
2 杜金榜;从法律语言的模糊性到司法结果的确定性[J];现代外语;2001年03期
3 占军;;法律领域数字实证研究——以立法层面为例[J];中南财经政法大学研究生学报;2007年03期
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