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公平是法律追求的永恒目标。能力公平(效率)与需求公平(一般公平)在实质上存在一致性,法律具有消融二者表层矛盾的特有功能,其明确的价值择定便是“效率优先,兼顾公平”。
Fairness is the eternal goal pursued by law. There is a substantial consistency between capability fairness (efficiency) and demand fairness (fairness in general), and the law has the unique function of melting the surface contradiction between the two. Its clear value choice is “efficiency is priority and fairness is taken into account.”