SPECIAL ISSUE： RULE OF LAW--CHINA AND THE WORLD International Rule of Law and Methodological Innovation

作     者：Zhao Jun 

作者机构：Guanghua Law School Zhejiang University 

出 版 物：《Social Sciences in China》 (中国社会科学（英文版）)

年 卷 期：2017年第38卷第3期

页      面：189-208页

学科分类：0303[法学-社会学] 03[法学] 

基　　金：The author wishes to express his thanks to Professors Zou Keyuan, Liang Zhiping, Zhang Kening, Yang Guohua, Liu Zhiyun, Cai Congyan and He Zhipeng for their valuable advice. This is an achievement of the project supported by National Social Science Foundation (15BFX186) a research product of the "2011 Plan" of China--Collaborative Innovation Center of Judicial Civilization and a fruit of the MOE Project of Key Research Institute of Humanities and Social Sciences at Universities (16JJD820008) 

主　　题：international rule of law methodology dogmatics of law economics of law sociology of law experimental method 

摘      要：The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a State＇s motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand ＂rehearsal＂ chance for the process of the rule of law to grasp the pros and cons in the planning andpractice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law.