On The Conflict Between Freedom And Order In The Value Of Law

China is in the rapid development of social transformation,the social factors in the changing social contradictions are emerging,in this social context,the value system of law is easy to produce many conflicts,how to understand and solve these conflicts,is a serious problem we must study and solve.Freedom is the basic value of the law.Freedom must be stored in the limits of the law,and the boundary of the law to freedom is also a guarantee.Order is the state of organized and orderly interaction among different parts of society.Order is one of the most basic values of law,and it is the premise and foundation of other values of law.The conflict between freedom and order can be defined as in the process of realizing the value of law,because the law can not simultaneously achieve a variety of value target,and to achieve a certain value goals at the expense of another value goals.The most important reason for the conflict between the two values of freedom and order is the value judgment and orientation of legislators.In a specific situation of real life,the balance and choice between the value of liberty and the order of the legislator will vary according to the specific conditions.In addition,in the social structure,social subject has the complexity in the number and level in other words,the value subject of law is multiple;while the main part of the value of law has different social classes,the value of demand between different classes of law there is a huge difference;and different social subjects have different preferences in social life even in the same society,with the change of time and environment the demand preference will change significantly.That is to say,the social subject has diversified and multi-level needs,and the value of legal needs,as one of the value demands of the social subject,must also be diversified and multi-level.This kind of characteristic will be reflected through the behavior of the social subject in every link of the operation of law,and it will cause the value conflict of law in different links.The causes of the conflict between freedom and order of law are social and cultural factors,and even cultural reasons are the common causes of the conflict of legal values.Freedom and order conflict is not due to freedom and order contradictory cannot coexist in theory,but because of the specific social conditions,the specific legal situation,various value needs cannot be coexistence and balance,a conflict which occurred in the case.It is impractical to try to find a general solution to all situations without the particular conditions and circumstances of the case.In the specific case,if the conflict between the value of freedom and order occurs,we can use the balance principle of individual cases and the principle of value rank,and make the best balance according to the actual situation of the case.At the same time,in order to alleviate the conflict between freedom and order,we must establish a legal system perfect and unified,and constantly promote the construction of legal system,clear legal boundaries,social rights set clear and appropriate limits,and in the process of implementation of the law,judicial organs and administrative organs according to law and justice science,law enforcement,citizens should consciously law-abiding.