法的生成研究法学理论专业论文.docx

ABSTRACT In general theory that the law was enacted by the legislature or by the State recognized explicitly in the system of rules on paper, through the law enforcement system and the application of the rule in social life has been achieved in the implementation. This theory From an external perspective consider the legislators as the spectators and absolute leader outside the system. This one-sided theory is the reasons for The plight of Chinas rule of law. The formation of law theory has opened up a new way to awareness of laws. It is believed that law the same as morality, religion, social habits, is a naturally occurring phenomenon, and the Legislators with the others living in the social reality as the members of community. in the process rule of law , they are only observers, researchers and the guidelines, not a decision. Specifically speaking, this article includes four parts: The first chapter is a philosophical foundation of the formation, together with the basic meaning of the generation. this viewpoint is proposes based on the modern philosophy formation thought, But the law originates from “the legislator” formulation is originates from the classical philosophy ready-made thought. from the Perspective of formation thinking ,law is the value of national guidelines, and conferred by the state to give form and content of community unity. The second chapter Study the space of law formation, Law is growth in two-dimensional space: the national and social, country and the society are the dual attributes of the law. The third chapter is study the prerequisite for the formation of law. This chapter focuses on the Pre-designed of law ,it is think that law the needs of the community , its essence is to the resources and the related benefit assignment and the adjustment, its theory basis is a countrys legislative pattern, the legislative policy and the legal idea. The fourth chapter is concrete forming process. under the preinstall method of law. The law formati