论规范法学对中国法治理论的意义

On the Value of Normative Legal Theory on China's Theory of Rule of Law

当代中国主流法治概念在作为制度事实的法制之外,更强调对道德价值的追求,对于"认知"没有给予足够的重视。这就为法治理想的实现埋下风险。本文对承担客观认知功能的规范法学进行研究,论证规范法学对因果性解释与规范性解释的区分、对主观意义与客观意义的区分、对规范性之生成的研究,以为当代中国法治理论的完善作出尝试性探讨。

The concept of'rule of law'in modern China lays emphasis on the pursuit in moral value in addition to legal system which is institutional fact. However,the attention paid on'cognition'is far from sufficient. It thus has potential hazard to the achievement of ideal of rule of law. Therefore,this article is to have a research on normative legal theory which undertakes the function of objective cognition. This article is to argue the differentiation between causal interpretation and normative interpretation,the differentiation between subjective meaning and objective meaning,and the source of normativity. In virtue of normative legal theory,the improvement of China's theory of rule of law may be achieved.