法律实施及其相关概念辨析

法律的生命在于它的实行。法律实施是指法律规范在社会生活中被人们实际贯彻与施行。它是将法律规范的抽象行为模式转化为人们的具体行为的过程;是使法律从书本上的法律变成行动中的法律,从应然状态进到实然状态的过程;是由法律规范的抽象的可能性转变为具体的现实性的过程。法律实施是实现法的目的的重要方式。在当代中国,立法已驶入快车道,社会主义市场经济法律体系也基本建立。但是,法律的实施状况和效益并不尽如人意,一个重要的原因是对法律实施的基本理论缺乏研究,对法律实施的实践缺乏总结,法律实施已成为社会主义法治国家建设中迫切需要解决的时代课题。因此,本文着眼于法律实施的基本含义、内在规定性及其相关概念的辨析,致力于法律实施与法律实现、法律效力、法律实效、法律效果和法律效益的联系和区别的探讨,藉以为法律实施的学术研究和实践活动提供基本的知识铺垫。

Analysis of Enforcement of Law and the Relating Concepts

The life of the law is embodied in the enforcement process, which means that the law rules are implemented by the people in the social life. It is a process of changing the abstract law rules into people's behaviors, and is the process of making the law in the books become alive and step from "should-be" status into reality. It is also a process of turning the abstract possibility of the law rules into concrete reality. Enforcement of the law is an important way to realize the purpose of the law. In current China, the legislation is developing fast, and the market economy system has been established. Nevertheless, the efficiency and current situation of the enforcement cannot match people's expectation, which mainly results from the lack of the study of the basic theories of the enforcement and the summarization of the practice. Enforcement of law has become a problem of the era that is urgent to settle. Consequently, my thesis focuses on the analysis of definition of enforcement of the law, the implied provisions as well as some relating concepts. My thesis also discusses the difference and associations of fulfillment of law, validity of law, efficacy of law, effect of law, and the efficiency of law, and provides basic theoretical background for the research and practice of the enforcement of law.