Security, Justice And Efficiency

There has sprung up an upsurge of legal philosophical research ondepartmental laws in China in recent years. The rational consideration ofbasic value targets of departmental laws draws researchers' attention toabstract and essential categories of security, justice and efficiency, which willtend to deepen the theoretical research of departmental laws. However, theresearch of value made by scholars was mostly restricted to basic theories ofabstract departmental laws, and concrete systems of departmental laws werelittle touched. Meanwhile, they usually insisted that a particular value targetwas the highest value and universally applicable. With the deepening of the theoretical research of science of law, thescholars come to realize that the standpoints of "emphasizing efficiency at theexpense of justice" or "emphasizing security at the expense of efficiency" arepartial and unscientific. And how to reach equilibrium and integration whenthe value targets of security, justice and efficiency are in conflict with eachother? It is obviously deficient in the theoretical research, and it is only atheoretical hypothesis to discuss the legal values in the broad system, so theconcrete dialectical relation of these values should be reviewed in the light ofthe concrete system in order to find out how the various values reachequilibrium and integration and make various legal values harmonious. Suchis the basic reason and objective of this paper. The value of law is a very important problem of legal philosophy. Itinclndes a variety of targets.But we only discuss the value of security,justice and efficiency here.The ranking of values of law is jurisprudentialscholars' endless debate all through the ages, which includes the supremacydoctrine of order, of justice, and of efficiency, but the agreement has not yetbeen reached so far. First of all, the orientation of basic values of law is historical andevolutional. The individual and group of a particular society have different 130demands of values, and the corresponding statutory rules and legal systemhave different historical characteristics. With the society progressing, theranking of targets of basic values of law is also developing. Second, targets ofbasic values of law are systematic. In other words, law should meet therequirements not only of the individual and group but also of the wholesociety consisting of the individual and group. The targets of basic values oflaw are the integration of various requirements, because the targets are notonly uniform but also contradictory. Therefore, which target of basic valuesof law is the highest ranking is decided by particular historical conditions andsocial system. There is no invariable highest ranking of values. And anydoctrine which sticks to its own version is one-sided and unscientific. On such a basis, the author advocates the equilibrium of values, becausethe orientation of basic values of different systems of the same law is greatlydifferent even in a historical period of a particular society. In view of theprofessional background, the author picks out three among many targets ofbasic values, that is, security, justice and efficiency, expounds the theoriesconcerned, fundamental relations and embodiment in the law of corporationsof three targets in the general introduction, and demonstrates themrespectively in the first and second chapter. Through reviewing the twosystems of the law of corporations, that is, the instauration system and capitalsystem of incorporation, the author explores security and efficiencycontaining in the two systems in the first chapter; through reviewing the threesystems of the law of corporations, that is, personality independence and"negation", and management structure of a corporation and purchase systemof a listed company, the author explores justice and efficiency containing inthe three systems in the second chapter. In the conclu...