论法律调整

On Legal Regulation

法律调整是指国家或者经过国家认可的法律规范,在主体法律意识或者国家强制力量的保障下,自发地或者强制地作用于主体间、以及主体与客体间交往关系的过程。法律调整机制是法律调整的逻辑基础,它是指法律规范作用于事实世界的根据、原理、程序和方式。法律调整要通过其方式来实现,针对权利规范、义务规范、道义行为和越轨行为,法律因应的调整方式分别是:放任性调整、导向性调整、奖励性调整和制裁性调整。司法既是法律调整和运行的重要过程与环节,同时也是法律调整和运行的最后阶段和最终环节。

Legal regulation means a process in which state or legal norm authorized by state spontaneously or compulsorily affect among subjects or between subject and object relating to their communicative relations, with the aid of subjects′ legal consciousness or under protection by state′s compulsory forces. Mechanism of legal regulation, which forms the basis of legal regulation, may indicate basis, principle, procedure and way through which legal morms can apply and affect in world of facts. Legal regulation can perform through its methods, and methods of legal regulation can be divided into arbitrary regulation, guiding regulation, incentive regulation and punitive regulation according to such divination among norm of empower, norm of obligation, deontic action and deviant behavior respectively. It is in judicial process that legal regulation can perform or operate as a critical process and also the final stage.