英文摘要 |
Standard of right is the basic theory in Chinese legal system, and it played a huge role in the progress of the law and the society of China. But these years, some problems arise in the standard of right, especially in the field of judicial reform. Most of scholars deem that the resolution of judicial reform problems depends on the deep progress in the political reform. But this paper points out that there are some defects of standard of right, which lead to such results. The writers think we need a new theory which could transcend right standard and breakthrough the binary opposition of 'right' and 'duty'. |