法的价值研究及方法刍议

On the Study of the Value of Law and Method Discussion

法的价值是法和法律制度的重要因素和特质,也是法学理论中的难点问题。法律实践和法学理论的许多问题都需要研究法的价值问题,而法的价值的研究方法制约着法的价值研究的深入。只有通过认识主体与客体之间的关系,坚持主体需要的客观性、阶级性和社会性,采用从主体需要入手的方法,才能正确认识和诠释法的价值问题。

The value of law is one of the most important factors and properties of the law and legal system, as well as one of the difficulties of law theory. Both legal practice and law theory require researching into issues concerning the value of law, while the research method has limited in-depth study. The issue on the value of law can be exactly understood and interpreted only by using the method starting with the subjective need and holding the objectivity, class nature and sociality based on the cognition of the relation between subjective and object.