法的价值冲突及其解决机制研究

Research on Law Value Conflict and Its Solution Mechanism

解决法的价值冲突,使人类获得最佳包括最适当的价值选择和价值目标,是整个法的价值研究的现实目的。为了寻找法的价值冲突的最佳解决方案,从研究解决法的价值冲突的意义入手,首先阐明了法的价值冲突的含义;进而从法的价值观念冲突和法的价值准则冲突两个视角来考察其表现形式,并以此为依据分析了法的价值冲突产生的主体原因、社会原因、文化原因以及其他原因。从中探索出法的价值冲突的解决应当遵循法的基本价值原则、坚持法定价值原则、适当考虑成本原则和追求最佳效益原则,设计出主体认同和外在统一方式、民主方式和不违法方式的解决机制。

Solving the value conflict of the law make the mankind obtain the best including most appropriate value choosing and value goal, it is a realistic purpose of value research of the whole law. The best solution conflicting for the value of looking for the law, the meaning in which this text conflicts from the value of researching and solving the law is started with, have expounded the meaning of the value conflict of the law at first; Conflict with value criterion of the law from values conflict of law two visual angles investigate his form of expression, and the subject reason, social reason, culture, reason and other reasons the value conflict taking this as analytic approach of the basis produces; Explore the settlement of the value conflict of the law and should follow the basic value principle of the law from it finally, insist on the legal value principle, consider the cost principle and pursue the best benefit principle appropriately, it is machine-processed to design the subject and admit and unify the settlement of the way, democratic way and not illegal way externally. The settlement that the value taking one as law conflicts offers reference, to the democratization of our country, rule by law to build and offer beneficial help, offer suggestions in order to construct the harmonious society.