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Background Values Of Pluralism And The Conflict And Balance Of The Intelligence And Law

Posted on:2009-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:J Q WangFull Text:PDF
GTID:2166360242981964Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The value of the principal terms of always mean meaningful, but the main range is different, so the main value is likely due to the size and scope of showing a "Community" and "Si Yi" and the resulting in the social life of the value of sequence The distinction. In modern society, a certain value in the social life and the value of sequence to a certain extent, reflect the social governance of the state. Clearly, the study of China's rule of law in the process of building the value of sequence is undoubtedly also a very meaningful academic mission.This paper is divided into six parts, the first on the situation of conflict and the nature of the analysis that the situation of conflict with the essence of pluralism is under the age of the conflict between different values. In the context of the era of pluralism, human relationships and traditional values go farther and farther, with a more distinct flavor of the times. Specific legal provisions, rules can not meet the diverse background of the era's rich social life changing requirements of many contradictions and conflicts are often required by the different values of the people's knowledge or wisdom to solve. When the rule of law and human conflict, in China's judicial practice of law is often violated by the requirement or procedure requires entities to achieve with human relationships is conducive to social stability in the proceedings or the outcome. This alternative also has brought new problems, that is, if the law continued to human adaptation to the needs of the circumstances, whether the violation of its own value orientation. In other words, the legal representative of the mainstream ideology in the superstructure of the social services at the same time be capable of carrying more value orientation of their different interests.The second part of the conditions of conflict and the main types of analysis. In reality, there are some behaviors and phenomena and in line with legal norms, but in conflict with the moral standards. Some of the contrary. However, the controversy over the legalization of prostitution to this phenomenon, and the moral and legal double in the phenomenon of conflict is likely to exist. Multiple times against the background of not only legal and moral conflicts as well as legal and human conflict, and there is a special phenomenon: the human and legal and moral conflict at the same time. In accordance with traditional laws and ethics on the relationship between the concept exists only legal and moral conflicts, often ethical conduct is illegal or contrary to the law of the case. But when an act that can not be accepted by the moral law can not be accepted by, such an act would normally be considered completely negate the concept of the mainstream of society, and the debate on the legalization of prostitution have raised a new issue, prostitution Not only is prohibited by law, the moral has been given negative evaluations, but with the development of the times there are more and more voices of support for the legalization of prostitution, this new type of conflict is undoubtedly multiple times The rapid advent of the product, is also under the legal age in a multicultural society can be quickly and adapt to the needs of development to be to face.Part III, intelligence and law-depth analysis of the substance of the conflict and several associated with the erroneous understanding for analysis. This article holds that China's traditional ethics of one yuan in the era of multiple human and legal and moral in the root causes of conflict. China's law or whether social development is the singularity with distinct characteristics. This singularity of the same characteristics also affect China's laws in a multicultural background of the times below the value of the multiple conflicts method of response. This makes China's lawmakers face a dilemma: in the development of a new law, legislators face this situation, he should realize that just a few guidelines, which are just guidelines contradict each other. Legal norms is often a difficult compromise, difficult to adapt to social change and development.The fourth part of the main intelligence and law on the conflict in the modern jurisprudence on the meaning of modern liberalism impact on social development were analyzed. Modern liberalism theory originated in the "expediency" of the pursuit, that fully embodies the rights of individuals and carry forward. "Expediency" is adapted to the pluralism of this historical fact that the liberal tolerance. Support of "expediency" of ethical theory is the value of pluralism. This article holds that the principal terms of value always has its special significance, but the main range is different, so the main value is likely due to the size and scope of showing a "Community" and "Si Yi" and the resulting in the community The value of life on the sequence of the distinction. In modern society, a certain value in the social life and the value of sequence to a certain extent, reflect the social governance of the state.In a multicultural era, the law of value orientation will inevitably also be pluralistic values of the impact and influence. The law by the yardstick of value in society always occupy the mainstream ideology of social awareness by the decision. Although the legal value orientation is not sufficient to change the overall value orientation and social changes in the same, but this does not mean that the law in value orientation from the mainstream of society on the effects of changes in value. Well, the mainstream values of pluralism, the law will inevitably affect the measure of value, then the value of pursuing the legal impact.Part V, on how to face multiple times under different conflict of interest were analyzed. This article, to resolve the conflict situation and the fundamental law is how to correctly handle the internal value of the Community sequence problem. In the rapid dissemination of diverse values and expand the historical background, social community in the value of individual independence aspirations gradually, each has its own value orientation of the value inherent territory and to give them full protection necessary. Therefore, the social community does not mean that the interests of the community within the Community of the interests of all members of the sum, but in the social community within the various interests of balance. Fundamentally speaking, the key lies in how the pluralistic society in the interests of the various representatives of different value on the protection of the sort, not only pluralistic society in the value of the sequence of different issues. Because fully reconcile the conflict between the values is practically impossible to maintain a normal, can be fully values the development of the value of the sequence of particular importance.Part VI, the paper on the legal value of modern pluralistic orientation and order of reconstruction were discussed. First, we should correctly understand multiple times under the legal value orientation. In a multicultural era, the law of value orientation will inevitably also be pluralistic values of the impact and influence. The law by the yardstick of value in society always occupy the mainstream ideology of social awareness by the decision. Although the legal value orientation is not sufficient to change the overall value orientation and social changes in the same, but this does not mean that the law in value orientation from the mainstream of society on the effects of changes in value. Well, the mainstream values of pluralism, the law will inevitably affect the measure of value, then the value of pursuing the legal impact. Second, we must build good order. This includes the value of neutrality and value of integration. The law has become a major evaluation of modern society, but the law itself flawed means that this evaluation is not perfect, so in the applicable law, the legal value of propaganda, can not fail to take into account non-legal value and legal value is the role of Consistency is the opposite. We need to do is to minimize legal value and non-legal value of friction and conflict, to enable them to the community in the effective regulation of the common play a role.
Keywords/Search Tags:Intelligence
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