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Reflection on the Research Object, Scope, and Route Selection of Jurisprudence in the Context of Modernization of Chinese National Governance

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As a latecomer modern country, China is promoting the construction of the rule of law in China and the modernization of national governance. China’s legal system has undergone multiple changes, resulting in insufficient knowledge accumulation and has long been labeled as a “legal infantile disease” in the past. Therefore, reflecting on the research object and scope of jurisprudence, actively exploring research approaches that can provide intellectual support for the construction of a rule of law China and the modernization of national governance, not only helps to establish a legal knowledge connection between China and the world, but also helps to build China’s independent legal knowledge and discourse system. This article adopts literature research method and expert survey method, combined with the background of China’s modernization of national governance, to reflect on the research object and scope of Chinese jurisprudence, and then explore the path selection of Chinese jurisprudence research. The following conclusions and suggestions are drawn: The research object of jurisprudence should include two aspects, Law and legal theory, and pay more attention to the latter. The scope of jurisprudence is subject to its object of study. It is necessary to solve the relationship between jurisprudence and other related disciplines such as departmental jurisprudence, philosophy of law, sociology of law, etc. We should strengthen cooperation and coordination, realize complementation and mutual benefit, and take into account both the real problems and the ought-to-be problems. The academic research path of contemporary Chinese jurists should include both academic and political, academic theory and governance, innovate the jurisprudence of Chinese style, and help the construction of China ruled by law and the modernization of national governance.

Abstract

As a latecomer modern country, China is promoting the construction of the rule of law in China and the modernization of national governance. China’s legal system has undergone multiple changes, resulting in insufficient knowledge accumulation and has long been labeled as a “legal infantile disease” in the past. Therefore, reflecting on the research object and scope of jurisprudence, actively exploring research approaches that can provide intellectual support for the construction of a rule of law China and the modernization of national governance, not only helps to establish a legal knowledge connection between China and the world, but also helps to build China’s independent legal knowledge and discourse system. This article adopts literature research method and expert survey method, combined with the background of China’s modernization of national governance, to reflect on the research object and scope of Chinese jurisprudence, and then explore the path selection of Chinese jurisprudence research. The following conclusions and suggestions are drawn: The research object of jurisprudence should include two aspects, Law and legal theory, and pay more attention to the latter. The scope of jurisprudence is subject to its object of study. It is necessary to solve the relationship between jurisprudence and other related disciplines such as departmental jurisprudence, philosophy of law, sociology of law, etc. We should strengthen cooperation and coordination, realize complementation and mutual benefit, and take into account both the real problems and the ought-to-be problems. The academic research path of contemporary Chinese jurists should include both academic and political, academic theory and governance, innovate the jurisprudence of Chinese style, and help the construction of China ruled by law and the modernization of national governance.

참고문헌 (12)

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  12. Karl Larenz, "Methodology of Law" (2003), Commercial Press

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