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Issue 174
1.开头段:法律平衡不同群体之间的利益,权利和义务。法律应在稳定性和灵活性间取得平衡。
2. 法律需要稳定性。丧失了稳定性就丧失了权威性。若没有稳定性,社会利益的平衡就不再稳定,社会就会出现混乱。但过分强求稳定性也会使法律跟不上时代发展。
3 法律也需要灵活性。灵活性保证了法律更加人性化。(此处引用医学院学生医疗事故的例子)
4 法律永远滞后于时代。(此处引用xinxin的 E-commerce 的例子)但社会发展快,始终要求法律跟上时代不可能也不合理。[提纲很不错,思路全面清晰]
Laws are in essence a set of those rules and principles that balance the interests of special interest groups [这个和你提纲上的说法好像不太一致哦]. The speaker suggests that laws should be flexible instead of being fixed and rigid . However , in my opinion ,the two facets are not mutually exclusive. It will be more beneficial for us to get a balance between the law’s flexibility and stability.
To begin with, the principle of the law’s stability or consistence are necessary in order to maintain the society’s regularity. To laws , no stability, no authority. [短句很有力] If the principle always modifies or alters [应该用被动比较好吧] with different circumstance all the time, it will undoubtedly lose the social member’s respect and its own solemnity . Plus, [可以这样用吗?不确定] without law’s stability, the equilibrium of public interest may not exist any more therefore bringing [为何用ing?不解,我语法比较差] about social chaos. For example ,the stable Hong Kong Special Administrative Region (HKSAR) Basic Law guarantees HK’s long-term prosperity and stability. The implementation of the Basic Law adherents to the “one country, two systems ” principle. HKSAR, although still keeping the capitalist system ,is still an inalienable part of the motherland and enjoys a high degree of autonomy authorized by the central government. Suppose , the Basic Law is lack of stability , not only the normal political ,economical ,and social order would be upset, but also the sovereignty of the nation might be undermined. [这个例子还是很不错的] However ,the overemphasis of the law’s stability can also cause some negative bearings . For that matter , the law undoubtedly would not keep pace with changing times .[这两句话放在下一段比较好]
Meanwhile, it is necessary to keep laws adaptable to changes of different circumstance, time and spaces. We regard to the realistic problems and the society’s nature of diversification then find that laws should be changeable to some extent as to meet the needs societal development of the world [of the world可以删掉吧?] ,and to solve some problems in a humanistic way. Suppose ,[最好换个说法,上一段举例也是用的suppose,] a pregnant woman suddenly need to giver birth on a train, whereas, no doctors but a student of medical school is on the train [这句有点Chinese english哈]. If the student has exerted his/her outmost to help the pregnant but unfortunately the pregnant loses her life because of massive haemorrhage(大出血)。[词汇量很大嘛,佩服!] Under such circumstance , should the student be subjected to legal sanctions because of practicing medicine with no license ? [感觉应该继续分析一下,此时应该如何灵活执行法律吧?或者假设如果僵化法律,造成的恶劣影响什么的]
Finally , there is no denying that the laws are always behind the times versus needs to keep up with the development all the time since the changing of the time is unpredictable in a sense. E-commerce is a new means of trading in recent years with the development of the internet. Although nowadays we have series of techniques and codes aiming at on-line illegal acts , look back on the development history of the internet, [这个句子是什么成分,不应该用动词原形吧] the security of the internet was a serious problem at a time due to the inexistence of the internet-related law. However, on the other hand , it is impossible and irrational to require the laws to keep pace all the time in that everything ups and down every seconds.
In conclusion, the stability warrants the law’s authority ;the flexibility enables its humanity and the ability to keep pace with the time. I hope what I’ve stated above has shown that[可以不用这样说吧] laws should be made to acquire a balance between the qualities of stability and flexibility [感觉你讨论的重点是在执法上应该具有灵活性,而不是法律内容的变化,对吗?最后的总结好像不是很能表达这个意思。其它方面好像没什么问题,第一篇写到这个水平,相当不错]
[ 本帖最后由 Archer1123 于 2006-2-5 19:25 编辑 ] |
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