Current location - Education and Training Encyclopedia - Graduation thesis - legal document
legal document
Legal background and prospect of urban-rural dual China

It seems to be Professor Zhu Suli's hobby and habit to narrate the scholarship about the rule of law and law in the literary language of stream of consciousness. This is fully reflected in his latest work "Road to the City", which makes me believe that he was an enthusiastic young man of literature and art when he was admitted to Peking University Law School.

This book was published by China Law Publishing House in May 2004, with about 300,000 words. Except the introduction, most of them are collections of academic papers or speeches published by the author in recent years. But as the author himself said, "Although these papers were written and published separately, they were generally carried out according to my unified plan. In the final editing process of this book, in order to form a unified whole, I also revised many papers and supplemented some documents. " This shows that the author's responsible academic attitude and the process of the formation and concentration of his academic thoughts-the so-called "unified planning" or "unified whole"-are an "archaeological" attachment to China's approach to the rule of law and the early thinking tiles of sociology of law.

The first thing that caught my special attention was the title of this book, which was in sharp contrast with the title of Su Li's past work "Sending France to the Countryside" (China University of Political Science and Law Press, 2000), which was very interesting. As for the title of this book, the author explains that it is a poem by Wahallen (2), which is a metaphor for China's contemporary social transformation and also serves as the background and basic constraint of contemporary China's legal practice. I did see the metaphor in the metaphor, indicating that the author's thinking about the practice of rule of law in China has turned back to the city from the countryside, which may also mean the turn-back and change of Su Li's own academic thoughts and positions. Because in the previous title, it is obvious that Su Li imagined the main battlefield of the rule of law practice in China to the countryside, but now he imagined the city. I think this concept transfer is scientific and reasonable, because the traditional urban-rural dual structure society in China is undergoing transformation and deconstruction. In the past ten years, great changes have taken place in China's countryside, farmers and agriculture. A large number of young and middle-aged farmers have been liberated by advanced agricultural productivity and become a new and modern class of manual workers in China, and their dissatisfaction with the demand for legal rights is gradually increasing in proportion. Compared with the original citizen class, they have more demands and desires for the supply of legal products, and they will become a strategic driving force or tactical destructive force in the process of rule of law in China. The villages in China are wrapped and lured by radio waves from cities, and are increasingly swallowed up or oppressed by octopus-like cities, so that the urbanization of binary China or the demands of urbanization for social equality will lead to the increase of legal demands for local autonomy and even the germination of federalist legal thoughts. China's agriculture has changed from a self-sufficient economy to an economy that provides resources for cities, which makes the countryside in China's vast rural society suffocated or replaced by the noise of contracts and money, which constantly reminds Su Li and other legislators, law enforcers, judges and lawyers that the patriarchal society has completely melted away, and the trend of urban-rural integration has led to the movement from identity to contract, which will make the cities (towns) in China begin. In this way, it is the realistic background of the practice of rule of law in urban and rural dual China, at least now it is more and more clear. In this way, if Su Li's academic vision does not change in time with the social transformation, it will fall behind the times.

Then what caught my attention and read was the catalogue of this book. If the name of a book is "Dragon's Eyes", then the catalogue of this book is generally "Dragon's Skeleton". The analysis of dzi Zhu shows the focus of the work, while the appreciation of the catalogue can reveal the context of the author's academic thoughts and the structure of the bookshelf. From the catalogue, the book is mainly composed of four parts. The first part is "What do you see? (Preface), Thanks and Introduction —— The rule of law in China from the perspective of modernization, in which "What do you see? "It is a' paragraph effect' written by the author with the second person as himself, and it is also a' self-criticism' book review, which is more pertinent and objective, especially for legal scholars who like literature. After reading this chronological order, the rest of the book is basically unnecessary unless you continue to be interested in the arguments and language processes behind Su Li's views. Of course, legal professionals and ordinary readers who are not law majors, driven by curiosity or thirst for knowledge, can browse the author's arguments and flowing legal (literary) brushstrokes in the specific pages behind. As for Introduction-The Rule of Law in China from the Perspective of Modernization, it is the second copy of the author's published works. This article may be the source of inspiration for the author's academic thoughts throughout his life. This paper mainly discusses the interaction and intersection between social changes in China and the practice of rule of law in China, and establishes the author's view of rule of law that "the legitimacy of any law must be obtained from society". The author's idea of repeatedly making noises aims at constantly reminding the current practice of rule of law in China so that the rule of law can respond to or meet the needs of social life; Another important purpose, Su Li has always wanted to "rectify the deviation" of the mainstream school of law, that is, to standardize legal research, or to compete for the commanding heights of the discourse power and public communication of contemporary law in China.

The second part, the first edition of the book, was named "Constitutionalism and Legislation" by the author. The first chapter is entitled "Decentralization between Central and Local Authorities", the second chapter is entitled "Custom in Contemporary China Legislation", and the third chapter is entitled "Supreme Court, Public Policy and Knowledge Demand". The third section is called "judicial system", which is a natural continuation or in-depth and detailed demonstration of the third chapter in the second section. The author is divided into four chapters to talk about the seemingly trivial issues of courts, judges and judicial examinations in China.