Applicationofthecurrentteachingofthetheoryoflegalacts-毕业论文翻译

1、Applicati on of the curre nt teach ing of thetheory of legal actsAbstract legal behavior is a very importa nt Almost exhausted Un iversity Law Textbooks, is also more difficult to un dersta nd the con cept and grasp the conno tati on and denotationhas very importantsignificaneefor learningand practi

2、ce, from legal acts and acts of civil legal relatio ns characteristics of the legal acts, the curre nt Un iversity Law Textbooks bat on legal content row discourse theory of legal acts and teach ing applicati ons.Paper Keywords legal acts, civil legal acts, then ecessity to buildFirst, the concept o

3、f “legal ” the sources bearing in mi nd that in the development of our countryLegal actsfrom civil legal act (ma in ly con tract system and wills systems) abstract, in the Roman law, that is a legal act sprout Roma n law“ con tract the con stitue nt eleme nts ofthe conceptas well as” appropriate met

4、hod behaviorabstraction.has been the modern theory of legal actscolor. complete in the moder n sen se, the con cept of legaliacts created by the Germa n jurist and the first use of theGerma n Civil Code. Chin ese“law behavior ” term beg insJapa nese scholars, Japa nese scholars borrow two words inGe

5、rman Reehtsgesehaft ( “ Rechts ” and “ C.eschaft ” ) translated as legal acts of the Chinese character“ legal ”and “ behavior ”Germanthe Rechts both “fair ”“ legitimate ” mean the legal con duct orig inal sema nticsis legitimate ideographic behavior.Legal act theory is now in civil law countries fol

6、low suit, in com monlaw coun tries,certa in legal actsafter the introduction of the term, scholars in foreign coun tries on the basis of existi ng research results with The actual research explore build ingsocialism with Chin esecharacteristics, legal theory, the theory further en rich its S & P

7、 the main problems:1. The table speed conno tati on of a legal act moredetailed domestic scholars about the conno tati on of theconcept of legal acts are the following: the meaningofsaid eleme nts of said civil legal acts, also known as legal acts, the Department legal facts a civil subject to the e

8、stablishmentof change or suspend civil rights andobligati onsfor the en ti oneleme nts.Desig ned to produce civil effects of the behavior.Legalact is civil subject seeks to establish, cha nge, term in ati on of civil rights and obligations, to mean expressedaselements of behavior. Lawful

9、act says. Civil legal acts citizen or legal person to the establishment, changes, terminationof the civil rights and civil obligationsoflegitimate behavior private law effect and meaning comprehe nsive. Professor Lia ng Huix ing poin ted out that the behavior of the so-called civil law, refers to th

10、e effect on private law means, said eleme nts of the legal facts can be seen from all kinds of theories, scholars or for mean represe ntati on or for private law effect or a more in-depth study of the lawfu In ess of the con duct greater detail the meaning of the con cept of legal acts.2. Expand the

11、 scope of the concept of legal acts mainly manifested in two aspects, first of all, the orig inal meaning of the legal acts and bli nd jurisprude nee legal act is no Ion ger limited to lawful behavior. In valid acts and behavior can be revoked for violati ons depth is not a legal act and has made ce

12、rta in achieveme nts. should in elude illegal legal acts, that scholars view is basically the same. in valid behavior and undo behavior is not a legal act, there has bee n a con troversy, not yet con clusive. Secon dly, the legal act is no Ion ger limited to civil legal acts, jurisprudenee and other

13、 departments of law such as administrative law has been widely used in the general legal theory of a legal act covers all the legal sig ni fica nee and attribute the behavior of the broad concept and system Ianguage. provisions of the legal norms, the parties will be able to rise to legal relati ons

14、, cha nges andelim in ati on as and omissi ons in the theory of adm ini strative law, adm ini strative law behavior means the partiescon scious nesscan cause the behavior ofadmi nistrative legal relatio nship.Second, the buildingof the necessity of thetheoretical system of legal actsVarious theories

15、 of thepreviously mentioned legal acts, some civil and legal experts believe that the civil legal act refers to the legal acti on, civil laws and legal acts is a con cept of the orig inal meaning of the term from legal acts and civil law as the law look at the impact of the body of law as a whole, t

16、helegal act born out of the civil legal acts and scholars in this point is also con siste nt viewpo int main ly for civil legal acts, scholars th ink that the civil legal act that is the point of view of the legal act is justified. the meaning of civil legal acts of various differe nt expressed gene

17、s in the differe nt focus of research scholars. jurisprudeneescholars thinkthat the legal actis a broad concept covers all the legalsig nifica nee and attribute behavior and system Ian guage, and refers not only to civil legal acts. the jurisprudenee researchers appare ntly expa nded the orig inal s

18、ema ntics of the legal acts that sense Engels pointedout, each newin sightsinto a scie nee, and contain the revoluti on inscienee terms. speaking, legal behaviorfrom civil legalacts the developme nt of the basic theory of the law overall, should be a revolutio n of the term. differe nt scholars on l

19、egal research focus is not only reflected in the published on, is also reflected in the UniversityLaw Textbooksedit ing,with a subject, college textbooks in thearran geme nt of the legal acts of the content, but there are differe nt some textbooks edited injurisprude neetextbooks, as a special chapt

20、er to expla in the legal act as the Basic Theory of Law, as the editor < ;&It;jurisprude nee Zhang sig nifica nt“ first editi on in October1997 Chapter IX, and some have not the law acts as a specialized kno wledge of jurisprude nee, but in about the legal facts, make a simple representationsuch a

21、s HenriNouwe n the editor << > > Basic Theory of Law, Chi na Uni versity of Political Scie nee and Law Press, 1994 editi on, Peter Sun, Zhu Jin gwe n editor << Law Scie nee > ;& gt; China Renmin Uni versity Press, 2004, and is the legal act theory the edit in Chi na Law textbooks

22、, and civil law acts as a concept to explain this arrangement of course, the is jurists emphasis differentresults, but itsnegative impact is obvious, this phenomenon to law teach ing and legal practice un dersta nding of the con cept of legal acts brought a certain degree of difficulty, so beginners

23、 in the learning process is difficult to form a complete, cohere nt system of legal theory. Based on this, I believe that the Higher Law Teach ing is n ecessary to build a complete system s theoretical system of legal acts.Third, with regard to the legal act theory a few questio ns1. How to recog ni

24、ze the relati on shipbetwee n legal acts and civil legal acts in accorda nee withthe basic theory of the Law on legal defi niti on, legal act is the legal norms prescribed, the parties will be able to rise to legalrelati ons, cha nge andelimi nate actsandomissi onslegal relati on shipis noton ly the

25、rightsandobligati onsof therelati on shipbetwee ncivil subjectsin cludethe relatio nship betwee n crim inal law andadmi nistrative lawrelatio ns, litigatio n and legal relati onsbetwee n the main behavior nor is it confined to civil legal act. while many of Chi na Civil Law Textbooks law and legal a

26、cts as a con cept to expla in, so easily lead to the process of learningto adjust the behavior of the other sectorallaws exclude legal acts, artificially n arrow the scope of the legal acts, based on this phe nomenon, I believe that it is n ecessary to con firm legal acts with the questi onof therel

27、ati on ship of the civil legal acts, which are better able to understand the concept of legal acts I believe that the relati on ship betwee n legal acts and civil legal acts should be this: the civil legal act is one of the basic theory of the scie nee of civil law, legal act Source civil legal acts

28、 by the developme nt of the basic theory of jurisprude nee overall, from legal theory as a whole, i n terms of the legal acts of civil legal acts should contain and inclusionrelations,rather tha n the equivale nt relatio nship the author of this view is not opposed to the civil and legal experts civ

29、il legal act is a legal act of asserti on, the asserti on of the experts in civil law for the purposes of the departme nt of law in civil law, the reason for the definitionof the traditionalcivil law legal acts, just in order to disti nguish betwee n the concept of legal acts in other areas of law l

30、ead single from the perspective of Chi na Law, the civil legal acts that legal behavior is not un reas on able,I just think from theen tire theoretical system of Law, the legal acts of civil legal acts equateunscientificbecause From a theoreticalsystem of the en tire legal acts, if the legal acts of

31、 civil legal acts equate beg inners easy to exclude the legal acts of the otherdepartme ntsof crim inal behavior, acts ofadmi nistrative law, litigatio n behavior law in legal acts, do not ben efitfrom macro grasp theconno tati onanddenotationof legal acts only in jurisprudenee abstracttheories to e

32、xpla in the legal acts without comb ined with civil legal acts, to un dersta nd the con cept of legal acts will have a sense of the castles in the air. because civil law The behavior is the source of the legal acts, is the most importa nt part of the legal acts in the theoretical system of the proce

33、ss of build ing a legal act, it should be clear the relati on ship betwee n the legal acts of civil legal acts, the two take care of each other, compleme nt each other.Links to free papers Downl oad Cen ter 2. How to un dersta nd the characteristics of the legalacts of understanding of the definitio

34、n of the the legal actscharacteristicsshould the con cept of legal actman power, both from a macro un dersta nding, ano ther micro grasp. Integrated all kinds of theories on the behavior of law, the purpose of the establishmentof asystem of legal behavior theoretical system, the legal act is the leg

35、al specificati on can lead to legal relati ons with the releva nt parties will of the formatio n, cha nge, elim in ati on of legal facts.Macro aspects of legal behavior is differentiated from the normal behavior of the special behavior as a comb in ati on of the con cept of the“law ” isthe name give

36、n to“ act ” , Marx said:“ Human activitiesand enjoy, its content and its existe nee , are social, social activities and enjoy as the characteristics of the general behavior of the “ social ” ,“will ” is also thecharacteristics of the legal acts. followingmeaning, first,the legal acts human behavior,

37、 rather than the“action ”or natural laws governingthe operationof the animal,such as sun rise and sun set, wind and rain, direct behaviors and in direct behavior can be divided accord ing to whether they impleme nted directly by the people. direct behavior by people directly impleme nt and bear the

38、con seque nces of the behavior, such as con tract,in herit property, theft,fraud and other acts. in direct behavior not impleme nted directly by the people, and the con seque nces are borne by people s behavior, such as dead king, Liu big bite sheep, seating cattle eat the crops of John Doe, damages

39、 relations caused by the “ action ” of the animal, but the relatio nshipbetwee nthegen erati onof suchcompensation is decided by the people s will,“ action ”is eve ntuallycon vertedthe behavior of the man s will.purely animal“action ” : beast bites livestock, wild boardestroyed crops such as dist in

40、 guish this behavior, so this article is called in direct behavior Second, the law acts as a social behavior in teractive,that would in evitablylead tothe behaviorof othersbehavior.regardlessof thesubjective intent of the actors, to exercise their rights andfulfill their obligati ons or violati on o

41、f the obligati ons, andmust be accompa nied by the corresp onding behaviorofothers, or in order to achieve a com mon purpose and co legal facts to assist each other, or compete for particular in terests, con flict, struggle. precisely because of the legal acts of social in teracti on, makes it cause

42、d a legal relati on ship, cha nge elim in ated the third law behavior can be con trolled behavior, legal behavior is domin ated by the will of the people, con sciously, purposefully made with acerta in regularity. related legal com mon sense tells us: human laws, because people believe in the good s

43、ense, the law should be such or that, and believe that by law can achieve the purpose of some legislators expect the same in the field of law enforcement,decided to go to courtwhe n a sane pers on, he must have bee n repeatedly weigh, convin ced that the prosecutio ncerta in“ ben efits ” totake such

44、 action only after themselves.Similarly, when asane pers on to make some behavior, whether it is lawfulact or illegal, often before in behavior can notice in accorda nee with the law estimated to how behavior and behavioral consequences of behavior to make their own con sideredreas on able arra ngem

45、e ntslegal act either bythe in dividual s self-c on trol, but also be able to con trolby law, so that the behavior themselves“ Chi which it chi,line their chi .“Micro level, the legal act is legally property, for theun dersta nding of the follow ing three aspects.First, the legal act is legal specif

46、icati on of behavior, a behavior s becoming a legal act. Because it is prescribed by law acts in other words, an act can only be with in the scope of the decision in the legal norms,was able tobecome legal act, the law is a prerequisite for legal acts.Legal norms prescribed behavior both by the Stat

47、e to recog ni ze, protect, reward behavior (legal acts), and also by the state deny prohibit and punish acts (violati on s), the state turninga blind eye, such as eating, dressingandother daily life behavior is not part of the list of the legal acts.Second, the legal acts capable of caus ing cha nge

48、in the legalrelati on ship(in clud inglegalrelati on shipformati on, cha nge, destroy) behavior. Thelegal relatio nship refers to the emerge nee of legal norms un der the legal facts, and the rights and obligati onsbetwee n the parties. cha nges in the legal relati on ship must meet two conditions,t

49、he first conditionis theexiste nee of legal no rms, which is the premise and basis of the legal relatio nship cha nges the sec ond con diti on is the existe nee of legal facts, specific legal relati on ship cha nges legal facts by law, be able to give rise to legal relations formed, change or elimin

50、ation of various facts general legal facts can be divided into legal eve nts and behavior in accorda nee with the law whether the facts related to the will of the parties, the legal eve nts refers to has nothing to do with the parties will of the legal facts.Legal act refersthe legal facts Parties W

51、ill. Caused by the change of the legal relationshipbetween the specific reason is a legaleve nt or legalbehavior.(Note:some of the legalrelati on ship is called the formatio n of law in the process of adjusting human behaviorin rights and obligations, thisargume nt is not rigorous, it excludes the l

52、egal eve nt is also to cha nge the legal relatio nship.Third, the legal act takes legal effect. Whatever the motives of the actors, the legal act is in evitable legal effect, either based on some kind of con seque nces for thepurpose of the act, such as the sig ning of the con tract, to participate

53、in electi ons no desire to produce some kind of consequencesit has had some kind of consequencesofbehavior. Neglige nt crime, traffic accide nt.Un certa inlegal con seque ncesof behavior, such as the con duct ofthe trial court, and its ruli ng is un certa in, the prosecuti on of Attor ney behavior,

54、the behaviorof the public securityorga ns of the in vestigati on, the result is un certa in These are all legal acts.Both macro and micro aspects together, the extension of legal acts is both legally and property and gen eral behavioral properties.3.In valid behavior and can undo the behavior isnot

55、a legal act illegal, i nvalid behavior can become a legal act has bee n a vexed suspe nded without decisi ons genes in the differe nt points of view betwee n the foun der of the legal acts. EnlightenmentHugo (Hugo), founder of thelegal act is only limitedto the law s behavior,andpioneer of the scien

56、tificconnotationof of the Heysel(Heiae) and the theory master of Savig ny are not subject to this limit, but n either refute the views of the former, norassert illegal, the in valid behavior can become law behavior. This is the the subsequent scholars endless debate foreshadowed violations belonging

57、 to the legal acts in the coun try, has bee n accepted by most scholars, I also hold a positive opinion. in valid behavior and revocati on of behavior is not a legal act or con troversial issues, this article the reason onceagain mentionedthisproblem because of in validbehavior and the behaviormay r

58、evoke attribution of legalacts related to legal actsthe epitaxy range defi ned from build ing a legal act theory system speaki ng. n eed to clear problem. Civil Law Article58 stipulates:“ followi ng civil acts in valid . in valid civilbehavior,beg inning from the behavior is notlegallybin di ng ” the provisi ons of Article 59: followi ng civil acts party has the right to request the people s court or anarbitratio n age ncy to alter or resc ind: . revocati on of civil acts shall