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法律价值冲突是探讨法律价值时永恒不移的重点,许多学者认为基于军事与法的逻辑差别,价值冲突在军事法学领域表现得更为剧烈。因此,军事法律价值的冲突问题引发了众多争论,其中颇受重视的就是秩序价值。然而,现阶段的争论过于强调冲突本身,急于直接提供一种价值取向,但对于具体价值的内容思考不够深入,便很难达成一致意见。对军事法的秩序价值进行有针对性的探讨以及对军事秩序的概念进行解构应当能为解决军事法价值冲突问题提供一个全新的视角。
The conflict of legal values is an important point in the discussion of legal value. Many scholars think that based on the logical differences between military and legal systems, the conflict of values is more intense in the field of military jurisprudence. Therefore, the issue of the conflict of the values of military law has caused a great deal of controversy, of which the most valued is the value of order. However, at this stage, the debate overly emphasizes the conflict itself and is anxious to provide a value orientation directly. However, it is difficult to reach consensus on the content of the specific value is not deep enough. Targeted exploration of the order value of military law and deconstruction of the concept of military order should provide a completely new perspective for resolving the issue of the value conflict in military law.