Title: Legal Positivism and Criminal Procedural Law Re-amendment
Abstract: Legal positivism is one of the most important modern legal philosophies,which contains some crucial thoughts for the construction of legal system such as the theories of actual law,legal system and legal effectiveness. Nowadays,the lack in focusing on the concepts of positivism's philosophical connotation has led to many malpractices in the re-amendment issues in China's criminal procedural law,for example,more emphasis on abstract human rights but with little concern about the constitutional fundamental rights; more emphasis on legal principles and notions but with little concern about legal rules and techniques; more emphasis on the setup of legal rules but with little concern about the actual effect of them. Therefore,as the re-amendment of China's criminal procedural law is at hand,we should pay more attention to legal positivism's theoretical contributions to the construction of legal system,which should be a great task for scholars of criminal procedure.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
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