论人的法律需要

On People's Needs of Law

法律需要即人们基于对法律这种特殊社会调整措施的特征和功能的认知而对运用法律来调整一定社会关系的期待和欲求。它包括形式和内容两方面的需要。法律需要具有客观性、主体性和社会历史性。法律需要的生成经历了从个体到群体到国家 ,从群体之间竞争到兼具合意与暴力因素的协调的过程。法律需要可以划分为个人生存和发展的需要 ,社会自我保存的需要 ,社会交往与合作的需要 ,社会进步和发展的需要 ,维护国家公权力的需要和人类整体生存与发展的需要等。

Legal needs are some kinds of expectations and wants of the people who have understood the nature and functions of law as a special means of social regulations and the possibility of law to regulate the social relationships. The characteristics of legal needs include objectivity, subjectivity and socially historical attribute. During the needs evolves from individual needs to group needs and next to state needs, legal needs become practical or realistic needs and come from the competition and coordination among all class of people. Legal needs can be divided into the following kinds: the needs for sustenance and development of individual, the needs for self-sustaining of the society, the needs for social cooperation and transaction, the needs for social progress and development, the needs for defending state powers, and the needs for the existence and development of the whole mankind.