Another legal concept, though, that the law is the command, of course, social and political structures in those who take advantage of the command. Simply put, people in power asking people what to do, is the law. Of course, those in power need to maintain order, so that he would put the lives of some objective rules to become law. However, since such a person will have their own power of making laws, of course, will also put into his own private law, to establish their privileges with the law.
Nevertheless, the life of its own logic of its own, it will stubbornly express themselves, even if the law in suppressing it. Therefore, from the fifties of last century, farmers tenaciously break the law limits the right of return to farmers for land management in the hands. Similarly, in the past ten years, the farmers have exceeded legal limits, created a small property so the land property rights system. Similarly, in the town, when people in the trading houses of the time, that the land value of the property to account transactions. Those who face the demolition firm asked the Government to compensate for loss of land property rights, government can only accept this demand.
people will come in accordance with the rules of their own sense of cooperation and trade, and not simply by one they may not know the paper to action. If he did write something on this paper and contrast their own common sense, or if it markedly unfair, people will choose contempt for the rule of collective violation of this rule, according to their own understanding of the rules is more reasonable cooperation and trade .
autumn Beijing scholars
for legislators, it is a social fact must be faced: the rules if you are unreasonable, and insisted on maintaining that it is the moment from the implementation, there is no authority, people will not respect it, and would systematically ignore it, in violation of it. This time, the only sensible approach is to abandon the rule of law is unreasonable, it in line with the consensus. China in the past three decades is the nature of the changes occurred, and large-scale violation of the public by ignoring the rule of law and the promotion of irrational legal system tend to the rationalization process.
property rights or five years Doomsday seven decades, has always been a piece of contemporary Chinese heart. Under the current land law, residents and business people can only buy the government monopoly of state-owned houses on the land, of course, impossible to obtain ownership can only be seven years or five years of construction land use rights. People have been asking, seven years or five years after the expiration of land property rights do? How to deal with the house? Legislators has been vague on this. Recently, Shanghai seems to quietly established principles of the future: after the expiration of After media reported the matter after a public outcry.
frankly, such a provision itself is a violation of On this point, many people have to be in-depth analysis. Here I would like to point out that people need not worry too much about this fact. Because the law is not just a legislator unilateral command. What is the law, but also on the people that it is and what it should be.
the fact that legal positivism proved impossible. Legislators wrote the law not just those words on paper. Final bound people's behavior is the rule, the final analysis, the awareness of people about the rules --- and even unconscious, subconscious. Legislators wrote those words may constitute, but may not constitute the law. Those words into law on the premise that it is in line with the consensus. Effective law is the consensus reached by the whole society, or is it a spontaneous process of cooperation to reach consensus, which reflects customary; either on behalf of the people through a democratic legislative process consensus. There is no consensus on the legal, of course, the appearance of law, it is difficult to have a substantive effect of the law.
It is also based on the logic of legal concepts and institutional change, I have been the author suggested that owners do not need to ask legislators, seven years after the expiry of the land enjoyed their right to use what to do with the construction . Owners should ask themselves, their land below the house, to enjoy what their own rights. This ultimately determines the sense of ownership of the land. If people generally believe, according to common sense, according to the basic principles of justice and in accordance with existing laws, their own land use right under the house is free, permanent, then, this right is provided for free, permanent, any arbitrary or opportunistic legislation can not change the fact that this society. Law only people seeking a better life, a tool for members of this community think about the good life, people's awareness of rights, the law determines what will be.
on the law, has always been two completely different positions. A position that is within the rules of the process of life is the law, legislation is nothing more to people's behavior to the rules contained in the abstract, written in order to increase people's behavior for others, predictability, and when necessary facilitate the enforcement of rules. In the history of human civilization, most of the time, people are treated like the law. It is the modern rule of law is built on top of this legal concept. Based on this legal concept, not in accordance with their own legislators will enact laws, but in the discovery, explore it objectively exists in the middle, there is the law in society.
China's current land legislation in a way that is in accordance with the legal concept of the latter worked out. Over the years, the orthodox legal theory to claim that the law is the will of the ruling class. It is this concept of law of the land to create the existing legal system, severely limits the farmers own the land, including the rights of rural land for construction. It also established a government monopoly on urban land, pursuant to which, legally speaking, people are not likely to have their own houses and land ownership.
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