Shu Guo-ying introduction to jurisprudence third edition of the selection of real questions

2022-07-09 0 By

Discuss the basic features of the method.(1) The basic characteristics of the method.Short answer, Hangzhou Normal University in 2020; Zhejiang University in 2019; Sichuan Normal University in 2018; Zhejiang University of Finance and Economics in 2018; Changzhou University in 2018; Yangzhou University in 2016; Wenzhou University in 2016; Sun Yat-sen University in 2015; Chinese Academy of Social Sciences in 2011; Zhejiang University in 2018(2) What are the basic characteristics of law compared with other societies?(3) Discuss the characteristics of the method.(4) What are the basic characteristics of law?(5) Laws governing the use and protection of natural resources do not directly protect certain social systems or relationships, but rather certain natural phenomena, and therefore they do not regulate people’s social relationships.The characteristics of law, namely the external characteristics of law, are the external expression of the essence of law, and the inherent, definite and objective characteristics of law.The basic characteristics of law can be summarized as follows: (1) law adjusts human behavior and social relations.First of all, law is normative.Law can regulate people’s behavior and social relations, provide direction and standard for people’s behavior, so as to play the role of guidance, evaluation, prediction, education and enforcement.Secondly, law has generality.The object of law is general behavior and social relations, not specific anything;The act is repeatedly applied in the same circumstances while in force.Finally, law cannot regulate all behavior and social relations, but only some important human behavior and social relations.(2) The law shall be enacted or approved by the State.① There are two ways of law generation, that is, the state enacted or recognized.The former is generally written law;The latter is generally the customary law, evolved from custom, doctrine, etiquette, etc., and recognized by the competent authority.② The law has authority, universality and unity.A.The authority of law, fingering represents the will of national sovereignty, namely the supreme power.B.The universality of law, fingering is generally effective within the scope of sovereignty.All individuals and organizations need to abide by the law, enjoy and exercise statutory powers and powers and assume and perform statutory duties and obligations in accordance with the law.C.The unity of laws mainly refers to the consistency of the fundamental principles of various legal norms, the coordination of legal systems, and the coordination and unity of legislation, law enforcement, judicature, legal interpretation, and legal supervision.(3) The law prescribes the rights and duties of people.The law stipulates or affirms the rights and obligations in the legal sense, and adjusts social relations.This kind of adjustment and guidance distinguishes law from moral and religious norms.The provisions of law on the content of rights and obligations reflect the realistic attributes of law, that is, the law specifically stipulates that people can or cannot, should or should not do certain acts.(4) The law shall be enforced by the state compulsion force.State coerciveness refers to the state violence such as army, police, court and prison established by a certain class for a certain ruling purpose, which is used by special state organs in accordance with legal procedures.Law must be enforced by the state to ensure its implementation, the implementation of illegal acts in different forms or even sanctions.2 Try to discuss the validity range of the method.(1) The scope of effectiveness of the brief introduction of the method.(2) What are the basic principles usually followed in terms of the effect of law on human conduct?(3) What is the effective scope of the law?(4) Try to explain the scope of the method.Talk about your understanding of the retroactivity of the law in light of current realities.[Sun Yat-sen University, 2014] (5) Effectiveness and scope of the Law.The effective scope of the method, also known as the scope of application or effective scope of the method, refers to who the fingering is effective to, at what time and in what space.Specifically, the scope of law effect includes: (1) the object effect of law: the object effect of law, also known as the effect of law on human behavior, or the effect of law on human.The object effect of law follows the principles of individualism, territorialism, protectionism and synthesism.① The principle of individualism determines the scope of law according to the nationality of the person and the country of organization.(2) Territorialism is to determine the scope of application of law according to territory.The principle of protectionism is to determine the scope of application of law for the purpose of protecting national interests.It means that the law of that country is binding on all offenders, regardless of whether they are citizens of any nationality or stateless persons, if it is against the interests of that country.(3) The principle of synthesis refers to the principle of territorialism, combined with the principle of individualism and protectionism, this principle has been recognized by the vast majority of countries in the world, it not only safeguards the sovereignty of one’s own country, but also safeguards the sovereignty of other countries, is conducive to international exchanges.(2) Time effect of law: The time effect of law refers to when the law comes into effect, when the law ends, and whether the law has retrospective effect on the events and behaviors before its promulgation and implementation.(1) There are three forms of the effective time of the law: effective since the date of the law was issued;The effective time shall be specified by the law;The promulgation of a prescribed law shall come into force when certain conditions are met.The termination of the law is also called the repeal of the law, is the absolute elimination of the effectiveness of fingering.There are two cases: one is express termination;The other is implied termination, that is, when a conflict of laws actually occurs, the law actually terminates according to the principles established in the country.(3) The retroactivity of the law refers to whether the new law can be applied to acts and events before it takes effect, that is, whether it is retroactive.If applicable, the law has retroactivity, otherwise it has no retroactivity.Generally speaking, Chinese law insists on the principle of “law is not retroactive”.(3) The spatial effectiveness of law: the spatial effectiveness of law is the regional scope of the effectiveness of law.The spatial effect of law directly reflects national sovereignty, that is, it applies to all areas of national sovereignty, including territorial land, territorial waters, airspace and subsoil, and also includes extended meaning of territory, such as overseas embassies and consulates, the country’s foreign aircraft and ships parked outside the country.The spatial validity of law can be divided into two aspects: inside domain and outside domain.Describe the structure of legal action.(1) Describe the structure of legal act.(2) The content of legal act.The constitution of a legal act includes the external and internal elements of the act. These elements include the objective elements of the legal act (the external aspects of the legal act) and the subjective elements (the internal aspects of the legal act).(1) The internal aspect of legal act refers to the content or factor of the will of legal act.According to their influence on behavior, these factors can be divided into three basic aspects: (1) motivation.Motivation is the inner psychological power that impels people to make certain behaviors.Motivation arises from a perceived need.Need to cause motivation, and motivation to drive people’s behavior.The legal consideration of motive is mainly reflected in the determination of the validity of some civil legal acts and the determination of the plot of criminal crimes.(2).Objective is the objective or consequence that the subject of behavior pursues when he or she makes a certain behavior.The purpose of behavior is closely related to the motivation. As the subjective factors of behavior, the motivation is deep, while the purpose is explicit and direct.The motive determines the end, and the end expresses the motive.In the constitution of legal action, the purpose of action is an indispensable factor of legal consideration.③ Cognitive ability.The cognizance of legal action needs to examine the actor’s ability to understand the legal meaning and consequence of his own action.A.Behavioral cognition refers to the subject’s understanding of the behavior itself and its meaning.Its content is knowledge-based, that is, knowing what you do, how you do it, and what the consequences will be.Any legal act is based on certain cognitive factors, and cognitive status is an important factor for the law to determine whether and what kind of legal act it is.B.The ability to control means that the behavior of the subject is controlled by his own will.The will of the subject of action controls his own behavior and is not restricted by other factors.Their own will is not forced by others, with autonomy, independence.(2) The external aspect of the legal act is the objective expression of the legal act, is the situation of people’s activities can be observed, it is controlled by the internal aspect of the legal act, is the external expression of the internal aspect of the legal act.According to the general process of behavior and the characteristics of legal adjustment, the external aspects of legal behavior can be divided into: (1) external action (behavior), refers to people through the body, words or meaning of the performance of the outside action.Both physical and verbal behaviors.② Means refers to the various ways and methods taken by the actor to achieve the preset goal.Means is one of the factors that law determines whether an act is legal or not, as well as what kind of legal or illegal and what kind of legal consequences it bears.In short, the act is illegal so long as the means of the act are illegal, but the means are legal and the act is not legal.The setting of legal action by law requires legal means.(3) the results.A legal act must have results, and its legal nature and the limit and scope of the actor’s responsibility for the act are usually distinguished according to the results of the act.There are two main standards for judging the results of legal acts: A.The law decides whether to bring a certain behavior into the scope of adjustment according to the degree of social influence contained in the result of the behavior.B.The law determines whether to adjust a certain kind of behavior according to the behavior result, and the behavior result is also the point where the law affects the behavior.Don’t go to sleep when you can’t say to yourself what you learned today.– Fort Lichton