民生法治、价值冲突与消解机制

The Rule of Law of People's Livelihood,Value Conflicts and The Resolution

民生法治是民生与法治二者互动的产物:法治是民生保障的最优方式,民生保障依赖法治;法治又具有实践的品格。当代中国的法治建设必须回应民生的诉求。由于社会主体利益诉求的多元性,民生法治自身价值追求的广泛性,以及价值之间取向的差异性,民生法治建设不可避免地存在着若干种价值冲突。民生法治建设,需要在价值冲突的两难选择中寻求解决的路径。通过价值位阶的权衡、成本效益分析以及多元社会纠纷解决机制的介入,可以最大限度地消解民生法治中存在的价值冲突。

The rule of law of people＇s livelihood is resulted from the interaction of the rule and the people＇s livelihood： the rule of law is the most optimal way to guarantee people＇s livelihood, and the people＇s livelihood depend on the rule of law. The rule of law has a practical character itself, and the construction of rule of law in contemporary China must respond to the demands of people＇s livelihood. Since the social subjects＇ beneficial demands are various, the rule of law of people＇s livelihood has multivariate pursuits, as well as value orientational difference, the construction of rule of law inevitably has some kind of value conflicts. The rule of law construction, need to seek a solution path value between conflicting dilemma. By the order of value trade-offs, cost benefit analysis and involvement of pluralistic society dispute settlement mechanism can maximize the resolution of value conflicts in the rule of law of people＇ s livelihood.