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规范仿若空气一般时刻影响着人们的生活,但人们似乎意识不到规范的存在,或者对规范有所感知却又往往语焉不详。实际上,人类的一切世界观,价值观及其权利道义观都是规范的产物,而法律和制度本身亦是从规范中衍生出来的,法律规范只不过是人为地将规范这种感情亦或信念转化成确定的规则而已。本文以刑法理论中的规范违反说为逆向思维的逻辑起点,深层次地探寻了规范的渊源、生成过程,表现形式及其对社会生活的调控能力,以期为规范违反说的研究提供一种思想进路。
The norms seem to affect the lives of people in ordinary times, but people do not seem aware of the existence of norms, nor do they perceive norms but often do not understand them. In fact, all of humankind’s world outlook, values and moral rights are the product of norms, and laws and institutions themselves are also derived from the norms, norms of the law merely artificially regulate the feelings or beliefs into Become a definite rule only. In this paper, the normative violation of criminal law theory is regarded as the logical starting point of reverse thinking, which explores the origin, formation process, manifestation and regulation of social norms in depth in order to provide an idea for the study of regulating violation Route.