Overview of legal documents
? Academic papers, also known as academic theoretical articles. Refers to the papers used to conduct scientific research and describe scientific research results in the field of natural science or social science. A legal academic paper refers to a paper that conducts specialized and systematic scientific research on an academic theoretical problem in the field of law and expresses some research results. ? Academic? , refers to the specialized and systematic knowledge and magic. ? Theory? , refers to the scientific argumentation, argument and argumentation system. As far as its function is concerned, legal academic papers are not only a means to discuss legal issues, but also a means to conduct legal research; It is also a tool for expounding the research results of law and conducting academic exchanges of law. Legal academic papers generally include three elements: argument, argument and argumentation.
? Legal academic papers, in essence, are high-level creative papers. It requires the author to make new discoveries on a certain issue in the legal academic circles and put forward new theories and new viewpoints; Or have more new development or in-depth exploration of previous legal theories and legal viewpoints; Or put forward different independent opinions on the old theory of law; Or demonstrate the mistakes and omissions of the old legal theory; Or put forward new legal vision and ideas to inspire future generations to study and so on. All legal academic papers should be so required. The writing of legal academic papers mentioned in this paper only refers to the writing of legal papers with a length of about 1 10,000 words (except master's papers, doctoral papers and other legal graduation papers), and does not involve the writing of legal papers with rebuttal methods for the time being.
(a) legal academic papers, in general, should have the following characteristics:
1. academic, that is, the paper has scientific argumentation on the academic theory of law;
2. Theoretical, that is, the paper discusses one or several problems in the law with fully occupied materials and through rigorous argumentation. Sublimation? To the theoretical level, so as to find out the speculative nature of things with regularity.
3. Creativity refers to the legal issues discussed in the paper? What has not been done before? Explore the undiscovered laws of the law or the originality of rectifying and correcting the general theory.
4. Professionalism, that is, legal papers study one or several special problems in legal disciplines and achieve certain results for legal experts, professors and scholars to discuss and exchange professionalism.
(two) the main requirements of legal academic papers are:
1. The legal issues studied and discussed are correct and can promote the socialist revolution and legal system construction;
2. It can promote the development of academic theory research in the field of law;
3. It has the characteristics of academic papers;
4. The viewpoints and materials of the full text are unified, with distinct levels and clear organization;
5. The logic in the argument is strict and the reasoning is correct;
6. The legal language used is accurate, generalized and refined;
7. The writing is solemn and well-founded. According to Li Li, it is a rational innovation.
(3) Judging from the experience of predecessors, to write a high-quality legal academic paper, the author of the paper should have quite high quality. The most important thing to choose is:
1. has a fairly high level of Marxism–Leninism theory, and can use Marxism–Leninism's standpoint, viewpoint and method to study new situations and new problems in practice or correct old theories (such as public security and judicial practice). Guided by dialectical materialism, we should look at the problem from a developmental, dialectical and comprehensive point of view and not make or make less metaphysical, mechanical and one-sided mistakes.
2. Have profound professional knowledge of law, that is, find new problems in the field of law, and independently make new conclusions that surpass predecessors through investigation, research and demonstration.
3. Have the scientific research ability and intelligence after strict scientific training, that is, the speed of observing problems is fast, the level of generalization is high, the logic of argumentation is strict, and the innovation ability is strong.
4. Have the spirit of not being afraid of difficulties and sticking to the truth, that is, not afraid of any difficulties encountered in research, even if they encounter difficulties, they can try their best to overcome them and strive for the success of a certain problem; In legal research and writing, we can't just focus on the above, books, old theories, authority, truth and novelty; Dare to adhere to the truth that conforms to objective facts and dare to make conclusions that conform to the law of development of things.
It can be seen that in order to write high-quality legal papers, we must strengthen the cultivation and training of the above qualities.
(4) To write a good academic paper on law, the author must meet certain conditions. They are mainly:
1. Fully understand the achievements of legal academic circles in the topic selection of their own papers. There are many problems that have been studied and debated in the legal field. For myself, I should know clearly whether my research paper has been studied by the legal academic circles. If anyone has studied it, what results should he know? If there is any dispute about this, what are the arguments and arguments of various viewpoints? Wait, wait. Only when we understand the above conditions can we determine what new problems (i.e. topics) we choose to study, and we can stop studying the problems that our predecessors have studied, and we can stop doing repetitive work or even ineffective work.