Legal limits

Author: Shen Minrong
Publisher:
Publish Date: 2003-03-01
Features: This book explores various factors influencing the implementation of law. As China's legal system becomes more, how to implement law and its rights has become the key to the rule of law. The implementation of law requires overcoming a series of restrictive factors, and it is precisely these factors' lack that creates the gap between law and reality. In practice, it is necessary to avoid the limited application of law. This book is divided into five chapters, discussing the important factors influencing the implementation of law from five aspects, which are five topics.
Chapter 1 discusses the foundation of law implementation, namely the establishment of the foundational status and independence of law. The fundamental characteristic of modern society is the rule of law, which means establishing the foundational status of law in social life. Without this foundation, law cannot fully realize its in society. Meanwhile, the independence of law is a necessary condition for its implementation.
Chapter 2 explains the role of legal interpretation as the basic carrier of law implementation. It is through this process that written law transitions into reality, becoming real law and fulfilling its function in social governance. To achieve this function, legal interpretation must highly unify the stability of rules with the variability of society, as well as the diversity of abstract rules and specific realities.
Chapter 3 discusses various important factors that restrict law implementation, such as the different requirements for law implementation at different stages of written law, the impact of legal traditions, legal uncertainty, and self-regulating rules on law implementation to varying degrees. This involves the concept of law, its rules, and its foundational principles, which are very important restrictive factors in the process of law implementation.
Chapter 4 clarifies the importance of economic law in law implementation. When the relationship between the government and the market is not clearly defined in the fundamental law, economic law, which adjusts the relationship between the government and the market, becomes particularly important and plays a foundational role in various economic sectors. This is well illustrated in competition law and antitrust law.
Chapter 5 points out that the implementation of law, especially economic law, cannot be separated from the application of international economic law, particularly WTO rules. Under more open conditions, the development and implementation of domestic law require integrating both domestic and international law.