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国内关于法的价值问题的系统研究已近三十年之历史,各家畅所欲言,结论纷繁复杂。但是作为法的价值问题本身,其并不具有如正义观念之难以框定、存乎人心却无从言表的特性。对法的价值问题之探讨,应由价值之哲学观念入手,分析价值概念本身即具备的特性,发现其可能的无限扩展之趋势,确定法的价值的客观性,厘定法的价值观念之主客体,并确立衡量某一价值能否纳入法的价值之范围的标准,最终对学者们提出的法的具体价值进行一次清理。
The systematic study on the issue of the value of law in our country has been in the history of nearly three decades. Everyone speaks freely and the conclusion is complicated. However, as the value issue of law itself, it does not have such characteristics as the difficult idea of just concept of justice, but it has no expression on the human heart. The discussion of the value of law should start with the philosophical concept of value, analyze the characteristics that the concept of value itself has, find out its possible tendency of unlimited expansion, determine the objectivity of the value of law, and determine the subject and object of the value of law , And set a standard to measure whether a certain value can be included in the value of the law and finally clean up the specific value of the law proposed by the scholars.