Legal Norm: Theoretical Paradigm of Constitutional Jurisprudence
Abstract
In the great rejuvenation of the historical era, the "law" is not obvious embarrassing task of revolutionary jurisprudence. Built based on the "invisible hand", "knowledge is power" and "abandon the mystery, to pursue it," the norms of law, because of its emphasis on freedom implies the pursuit of democracy, longing for the inner spirit of science, can be constructed of constitutional jurisprudence theoretical prototype. Constitutional jurisprudence that the existing legal system as a starting point, focus on analyzing the sources of law, legal concepts, legal principles, legal rules, rights and obligations, the force of law, legal system, legal liability and other legal own problems; main research findings of fact, interpretation of the law, legal reasoning, legal reasoning and other legal technical problems. Constitutional jurisprudence of the object from the realities of China, Han Na current issues of major legal theory, with strong Chinese characteristics, contains a wealth of theoretical innovation. Now that China is experiencing her great renaissance, the revolutionary nomology for lacking of a conspicuous legality, is no more meet the needs of the times, whereas the theory of legal norm basing on "visible hand," 'knowledge is power "and" abandoning trick, seeking substance "may become the theoretical paradigm of constitutional jurisprudence for its inheritance of the spirits of freedom, democracy and science. The constitutional jurisprudence therefore should take current legal system as a starting point, and emphasize on analyzing issues of law itself including source of law, conception of law, legal principle, legal regulation, rights and obligations legal force, legal system, legal responsibilities and so on. The technical issues such as cognizance of facts, law interpretation, legal reasoning and demonstration should be paid much attention as well. Finally, the objects of constitutional jurisprudence research should be from the social life of contemporary China, while containing all important legal theories, indicating a strong Chinese featured awareness of theoretical innovations