Law Equilibrium Theory

The will of the law embodies all kinds of interests. Therefore, the function of law appears to motivate certain behavior and regulate the interests behind such behavior. At the forward position of the theory of value and function of law, the author establishes the thought of balanced value, locates the value at a lower position than the basic value's in the value-system of law, that is, sub-basic value. The balanced value of law reflects a kind of law-society relationship; is based on the law's structure and the adjustment and adaptation of law to society. On the basis of semantic analysis of "balance" and the relationship between balance and imbalance, the author discusses the philosophical, factual, psychological and cultural basis of the theory of balanced value. The author points out the phenomenon of law should be treated with an eye of sociology, and offers his originative and valuable views on the subjective and objective criteria of balance. After systematically analyzing the reasons of conflicts of interests, rights, powers and right with power in the chapters, the author puts forth several consistent principles of preventing the conflicts, and roughly creates his theoretical system on the balanced value of law. For example, as to the relationship between power and right, the author thinks that power is originated from the interests and rights and power cannot emerge without rights as a basis. The power is confirmed by the society, however, the power tends to be corrupted. So the people and power-holders should supervise the exercise of the power. The dissertation concludes by stressing that only with a correct knowledge of the causes of conflicts between laws and the principles of balanced laws can we realize the rule of law, govern by law and build a socialist legal-system. Based on the formation and development of power, the power-controlling theory of modem states, the author points out that the future of power is democratization, socialization and international assimilation. Laws of low efficiency can hardly bring about real rule of law. The study on the balanced value of law is of great practical significance for constructing modern legalistic society.