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The research methods of jurisprudence ** are as follows:
1. Survey method, survey method is the most used research method by users in the process of writing, and the survey method is mainly a way to obtain research results through the user's systematic collection of the current situation or historical situation of the research topic.
2. Observation method, as the name suggests, is a way for users to directly observe the research object with the help of their own senses and some other auxiliary tools, record the data content, and obtain the best research topic.
3. Experimental method is resistant to the impact group, the experimental method believes that only users who have been exposed to chemistry courses can understand the disadvantages of the experimental method, and the experimental method is mainly to clarify the relationship between the research objects by controlling all aspects of the experimental object, which is one of the methods used to discover the relationship between the research objects.
4. Literature method, literature method is mainly through the continuous collection of literature related to the subject, systematic and comprehensive analysis, in order to obtain research data, but the user must know that the selected literature must be comprehensive, this judgment sample can be a comprehensive analysis of research results.
5. Quantitative analysis method, quantitative analysis is a research method for quantitative analysis of things or various components of things. Based on the statistical data, a mathematical model is established, and the indicators and values of the research object are calculated with the mathematical model. Common quantitative analysis methods include ratio analysis, trend analysis, mathematical modeling, and so on.
6. Qualitative analysis method, qualitative analysis method is the analysis of the "qualitative" aspect of the research object. Using the methods of induction and deduction, analysis and synthesis, and abstraction and generalization, the various materials obtained are processed by thinking, and the internal laws of the operation of things are revealed, including causal analysis, comparative analysis, contradiction analysis, etc.
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Jurisprudence, in the process of studying laws and legal phenomena, divides laws into different categories according to different criteria. The division between substantive law and procedural law is one of the classifications. Generally speaking, according to the different content of the legal provisions, it can be divided into substantive law and procedural law.
Substantive law is the law that stipulates and confirms rights and obligations, as well as powers and responsibilities, such as the Constitution, administrative law, civil law, commercial law, criminal law, etc.; Procedural law is a law that stipulates the relevant procedures for ensuring the realization or exercise of rights and powers, and the fulfillment of obligations and responsibilities, such as the Administrative Procedure Law, the Administrative Procedure Law, the Civil Procedure Law, the Criminal Procedure Law, the Legislative Procedure Law, and so on.
The main function of substantive law is to define and confirm rights and competencies, as well as duties and responsibilities. Legal rights are the subjects of legal relations (also known as rights subjects), such as the interests, claims, qualifications, power or freedoms that natural or legal persons have in accordance with the law, and the realization of such rights will bring tangible or intangible benefits to the subject of rights in the final analysis. tangible benefits such as possession, use, or disposal of immovable property; Intangible benefits such as confirmation of qualifications, protection of reputation, etc.
Functions and powers are mainly the powers that arise from holding certain positions, such as the power of the head of state, the power of the head of state, the power of the head of state, the power of the minister and the mayor as stipulated by the constitution and laws.
The main function of procedural law is to provide the necessary rules, methods and order for the realization of rights and the exercise of powers in a timely and appropriate manner. In order to describe the importance and fairness of procedure, Rawls, a famous contemporary American ethicist, vividly described fair procedure as a rule for "cutting the cake" in his book "A Theory of Justice". The cake is a symbol of rights and interests, and a man is responsible for distributing the cake, and if the rules of procedure allow him to divide the cake among others without restriction, he will be able to give as little as possible to others and as much as he can to himself; If the procedural rule provides that the cake cutter himself will receive his share of the cake only after it has been distributed equally among the others, then he will do his best to divide the cake equally.
It can be seen that procedural rules are essential for the realization of substantive rights.
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The fundamental methods of legal research: the methods of dialectical materialism and historical materialism
Law is an undergraduate major in ordinary colleges and universities, which is a law major, with a basic study period of 4 years, and a bachelor's degree in law is awarded.
This major requires students to have a solid professional theoretical foundation, proficient vocational skills, reasonable knowledge structure, and be able to engage in legal work in state organs, enterprises, institutions and social organizations, especially in the legislature, administrative organs, procuratorial organs, adjudication organs, arbitration institutions and legal service institutions.
Cultivation should persist in cultivating people with virtue and cultivating both morality and law, and adapt to the actual needs of building a socialist rule of law system with Chinese characteristics and building a socialist country under the rule of law.
Cultivate interdispensable, application-oriented, and innovative legal talents and reserve forces who have both ability and political integrity, have a solid professional theoretical foundation, proficient professional skills, and a reasonable knowledge structure, and have the ability to govern in accordance with the law, legislate scientifically, administer according to law, administer in accordance with the law, administer justice fairly, and provide efficient and high-quality legal services, as well as the ability to innovate and start businesses, and adhere to the socialist rule of law system with Chinese characteristics and are familiar with international rules.
In general, the law major curriculum consists of theoretical teaching courses and practical teaching courses. The theoretical teaching curriculum system includes ideological and political theory courses, general education courses, and professional courses. The practical teaching curriculum system includes experimental and practical training courses, professional internships, social practice and graduation** (design).
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