典型个案与法律制度变迁(国外英文资料).doc

典型个案与法律制度变迁(国外英文资料) The study of legal changes has become a kind of system design with positive and negative implications. Third, the method of legal change. By comparing the various approaches to legal change, we can solve the problem of the best way for legal change. Jurists should start from the thinking method of sociology, legislative plan, the connotation of the legislation, legislative procedures, conduct autopsy on the legislation, specific how to influence legislation, case analysis case approach to problems such as how to form the judicial interpretation. Fourth, the law changes game theory. Jurists can be dedicated to the social investigation and data analysis, based on the case how to influence peoples legal idea and behavior pattern of empirical analysis, the numerical solutions for improvement of legal system. In addition, the jurist also can from the social function of typical cases and discussed human rights, fair, interests and the relationship between efficiency and order, insight into its contained behind democratic, social, scientific and evolutionary factors, to solve chasing what are the basic value of law change problem, finally the fairness and efficiency of legal system change model is set up. Fifth, the theory of the effect of legal change. From a certain sense, the process of legal change is the law from connotation in the form of is not a mature, from unbalanced a balanced the protection of rights circulation conversion process, and after the change will be able to reach the equilibrium effect of legal system and social needs is the core standard of success for change. Jurists mission, is to seek and to optimize the effect of legal change benefits, studies how to eliminate the contradiction between the current law and social reality problem, change cost analysis problems, perfecting the supporting system, performance feedback mechanism of sound, etc. Sixth, the legal change warning theory. From the examples of ancient and modern, Chinese