论文部分内容阅读
正因为法制现代化是形式合理性与价值合理性的辩证统一,所以,我国正在进行的法制现代化同样离不开法的价值问题。也正因为追求社会公正成为人们普遍关注的社会问题,所以,如何正确处理公平与效率的关系必然是法制现代化面对的课题。事实上,一方面,法律提高效率的过程就是促进公平的过程。另一方面,法律促进公平的努力也极大地提高了效率。我们在分析公平与效率价值辩证关系的基础上,积极探寻运用法律实现社会公正、提高社会效率及保证公平与效率动态均衡的路径。
Just because the modernization of the legal system is the dialectical unity of form rationality and value rationality, the ongoing modernization of the legal system in China can not be separated from the value of law. It is because of the pursuit of social justice has become a common concern of the people, so how to correctly handle the relationship between fairness and efficiency must be the subject of modernization of the legal system. In fact, on the one hand, the process of law to promote efficiency is to promote a fair process. On the other hand, the law's efforts to promote fairness have also greatly increased efficiency. On the basis of analyzing the dialectical relationship between the values of fairness and efficiency, we actively explore ways to apply laws to achieve social justice, improve social efficiency and ensure a dynamic equilibrium between fairness and efficiency.