质疑“法律规范由假定、处理和制裁构成”

Comment on "legal norms are made up of condition to which a legal norm applies and right or duty and punishment

法律规范由假定、处理和制裁构成的观点有了新发展,但仍然存在需要商榷的地方。笔者认为法律后果中应包含奖励,能区分为肯定性的后果和否定性的后果,调整性规则并不一定非要与保护性规则结合起来之后,才能完整地发挥法律的职能。一项法律规范的内容不能表现在不同的法律文件中,制裁也不是法律规范的逻辑构成要素。

The viewpoint that think legal norms are made up of condition to which a legal norm applies and right or duty and punishment has had new development, but which should be suspected. I think legal consequence include reward, positive and negative consequence. It's not true that only when rule for regulating integrate itself with rule for protecting can they wholly make full use of legal function. The content of one legal norm can't be embodied in different legal code. The punishment isn't the logical key element of legal norms.