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古往今来,人们对于人性是善是恶的问题总是争论不休,却始终未有定论。本文认为人性善或人性恶并非研究问题的终极归宿,而只是一个理论假设,是构建理论体系的原点。人们并没有必要执着于人性究竟是善是恶这个问题。本文采纳了人性非善非恶的观点,并以此为理论原点,在人性非善非恶的前提下提出了人性的两分法,希冀在善恶交织中构建法学理论的完美体系,追求法律制度的日趋完善。
From time to time, people are constantly debating the issue of whether human beings are good or evil, but they have not been conclusive at all. This paper argues that good human nature or evil human nature is not the ultimate destination of the research question, but only a theoretical hypothesis, which is the origin of the theoretical system. It is not necessary for people to attach themselves to the question of whether human nature is good or evil. This paper adopts the view that human nature is non-evil and non-evil, and based on this, it puts forward the dichotomy of human nature on the premise of human nature being non-evil and non-evil, hoping to build a perfect system of legal theory in the interweaving of good and evil, The system is maturing.