2020Year10month6日，Youth Forum for the 40th Anniversary of the Resumption of Law Discipline of Shandong University in the North Building of Huagangyuan301The room was successfully held。Professor Pan Weijiang, Vice Dean of the Law School of Beihang University, gave a wonderful academic report titled "Fundamental Rights Function from the Perspective of Systems Theory of Constitutional Law"。The lecture was hosted by Professor Li Zhongxia, Vice Dean of the Law School，Professor Zheng Zhihang, Vice Dean of the Law School、Associate Bet365 sportsbook reviewProfessor Zhang Fan attended this lecture。
First，Professor Pan Weijiang starts from the academic thoughts of Luhmann, a representative of systems theory，Start the story from four parts。First，Professor Pan Weijiang goes from "Basic Rights as a System" to Teubner's systematic constitutional theory，Again1984Luhmann was more mature in terms of "subsystem"、Concepts such as "universalization problem" are centrally constructed and the development of systematic constitutional law is used as a clue，Combined the basic ideas and representative works of systematic constitutional theory，And introduced the research status of systematic constitutional law at home and abroad。He believes that the function of basic rights should be understood from the perspective of systemic constitutional law，Integrate fundamental rights with the key concepts of “expectations” and “functions”，This requires an accurate understanding of the basic concepts in the context of systems theory。
Secondly，Professor Pan Weijiang explained the basic concepts of systems theory。Professor Pan Weijiang uses "system"、"Generalization"、“Language” as a medium、“Functionally differentiated society” and “function” in the sociological sense are the keywords，Detailed explanation of the core concepts in Luhmann’s thought。Professor Pan Weijiang quoted Luhmann’s theory，Think that in a functionally differentiated society，People will be divided into different roles，The role-playing provides the basis for the formation of expectations。With functional differentiation，System split，The roles are increasingly complex，Individuals need to switch between different roles，Bet365 app downloadThus brings about the problem of individual self-identity。
Again，Professor Pan Weijiang put forward his own understanding of the problem awareness and theoretical context of the book "Basic Rights as a System"。He started from the controversy over whether social science law and legal doctrine need to absorb the research results of social science，Traditional approach to interpreting fundamental rights、Reported on the understanding and speculation of national theoretical issues and political system under the theory of systems theory。He thinks，The impact of functional differentiation on expectations involves more than just explicit meaning，Also involves non-explicit expression，But its meaning will be revealed in action。From the perspective of system differentiation，One of the functions of basic rights is to demarcate politics and economy、Law、Education、Boundaries between social subsystems such as religion。
Last，Professor Pan Weijiang used the dignity and freedom clauses in basic rights as examples to talk about functional differentiation and the individualization of society from the perspectives of the functions of basic rights from the perspective of systems theory and the expression of individuals and their self-identity at the system level. question。He thinks，Individuals can express themselves freely，Enter or exit the role associated with a modern functional subsystem，This is a basic condition for modern functional differentiation。
Host Professor Li Zhongxia spoke highly of Professor Pan Weijiang’s report，Fully affirmed the richness of the lecture content and the profoundness of the thoughts，On the social Bet365 app downloadsignificance of the basic rights mentioned in the lecture、Systematic theory on the social significance of basic rights protection in the context of constitutional law and the current functional differentiation in China、The issue of the explanatory power of systematic constitutional theory for major theoretical issues such as the protection of basic rights under the conditions of social transformation，Professor Li Zhongxia gave an excellent response from the perspective that the social function of law is to stabilize and standardize expectations，And put forward new thinking。
Pan Weijiang，People from Xianju, Zhejiang。Doctor of Laws, Tsinghua University。Currently a professor at Beihang University Law School，Doctoral Supervisor，Current Vice Dean of the Law School，China Association for Science and Technology/Vice President of Beihang Institute of Science and Technology Organization and Public Policy，Executive Director of the “German Research Center” (Beihang University), the National and Regional Center of the Ministry of Education，Co-editor-in-Chief of the Editorial Board of "Beihang Law"。In "Modern Law"、"Comparative Law Research"、"Tsinghua Law"、Published more than 40 papers in "Chinese Judiciary" and other publications，And translated and published many translations。
Editor/Yang Yang
Review/Li Zhongxia
Editor/Shi Zhiqiang
