对“法的目的”传统理论之批判与反思

Criticism and Reflection on Traditional Theories for “Purpose of Law”

"法的目的"研究与争论虽绵延几千年,但缘于对法治的渴求、理性的推崇等原因,始终徘徊在传统的主观论与客观论之间。这不但有悖客观常理和法学科学性原则,而且终将会动摇公共秩序和危及市民社会建构。鉴于此,有必要在归结传统理论中法的目的基础上,对其进行批判与反思,进而从马克思主义法律思想的视角出发,在法解释学语境中重新考察法的目的,并申明加强"法的目的"研究有利于增强中国法律自信、扩大中国法律话语权。

The research and debate on ＂purpose of Law＂ has been stretching for thousands of years, but be- cause of thirst for rule of law and reason esteem, always wandering between the traditional theory of subjective and objective. This not only goes against the objective rules and scientific principles of law, and will shake public order and endanger civil society construction. In view of this, it is necessary to rethink and criticize traditional theories for purpose of law on the base of concluding, and to start from the perspective of marxist legal thoughts to review the purpose of law in the context of legal hermeneutics. And this will enhance self-confidence of China Law and expand the rights of Chinese legal science on the international stage.