| The behavior of evasion of law refers to the behavior that the actor evades the applicable legal norms by changing the elements of the constitutive elements of the norms in a circuitous way,so that the legal norms fail to produce the corresponding consequences.The behavior of evading the law includes but is not limited to the elements such as taking detour,having the intention of evading the law,changing the elements of legal norms,evading the applicable norms,seemingly legal,and failing to achieve the purpose of the original norms.This paper uses the principle of value cognition to explore the value involved in legal evasion and the conflict between different values.Behind the appearance of evasion of law,there are conflicts between freedom and order,fairness and efficiency.At the beginning of standardizing the behavior of evading the law,we should judge the value of the behavior of evading the law and the method of evading the law.In the process of value judgment,we should consider the object and occasion of value judgment related to the evasion of law,condense the value consensus,fully consider the freedom of value as law,the order of value in a specific field,and take the law avoided as the preliminary criterion.There are positive value,negative value and no value in the evaluation of law evasion.Therefore,not only can we not completely negate and try our best to eliminate the evasion of law,on the contrary,we must affirm the positive role of some evasion of law on the basis of value judgment,recognize its legal status,and then think about whether the law itself has the need to improve,and reconstruct the evasion of law from the perspective of the relationship between law and evasion of law. |
