传统法律规范结构观的批判与重构

Critique and Reconstruction of the Traditional Structure View of the Legal Norms

法律规范不仅是法律制度构建与完善的基础,也是法律效力实现的保障根基。然而传统法律规范结构观对法律规范的性质把握过于模糊、对其逻辑构成的分析过于主观、对其适用主体的分析过于片面。因此只有理清法律规范内部逻辑关系才能对法律规范的结构进行合理化重构。

Legal norms are not only the basis of the construction and improvement of the legal system, but also the guarantee of the force of the law. The traditional view of the legal norms has an obscure grip of the nature of the legal norms, the analysis of its structure is so subjective and the opinion of its adaptive agent is not complete. We should have a good understanding of the logical relations inside these legal norms, and then the reconstruction of the legal norms would be carried out.