Realize the unity of legal order with purpose rationality
November 07, 2023 Source: "China Social Sciences", November 7, 2023, Issue 2767, Issue 2767

The principle of unity of law order,refers to the constitution、Civil Law、Criminal Law、Economic Law、Labor Law and other legal departments cannot have conflicts and contradictions inside the legal order,Otherwise, it will not meet the purpose of the protection of legal benefits,Even violates the requirements of justice。As German scholar Rocksin said: "When a behavior of obtaining permission in any legal field,When you are still punished by criminal punishment,That will be an unbearable value contradiction,and this auxiliary character of violation of the criminal law as the last means of social policy。"" "",The principle of unity of law order has an unshakable nature,The implementation of all departmental law shall implement this principle。But,There are special adjustments in different departments,How to ensure that "there cannot be conflicts and contradictions within the internal law order",It is the main dilemma of the interpretation of the unified principle of the current law order and the cross -problem interpretation of different regions。

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Article 2 of the Civil Code,"Natural person with equal subjects in civil law、The personal relationship and property relationship between the legal person and the illegal organization "; the Criminal Law is" punished for crime,Protecting the People "is the purpose,Task "Fight with the same criminal behavior of punishment" Bet365 app download as the mission。Criminal Law Vision、Criminal Law Vision,The focus point of legislation is obviously different,Under the vision of other departments,This difference also exists。Lift it before,How to judge the nature of a behavior in different regions? Theoretical,Judgment on the principle of unity of order and the relationship between punishment and people,Existing attributes and independence、Relators and relative independence and multiple theories、Most of the one -the -matter theory and other positions。There is no conclusion in practice,For example,Yin Ding and his mother -in -law and mother -in -law adopted the "divorce -marriage -obtaining household registration".,It is a legal behavior of using rules (legal loopholes) in civil law,Or a criminal crime in criminal law? Even if you adopt the current popularity of the most popular attribute theory,It is also impossible to draw the only determined conclusion,There is one word with guilt theory and innocence theory。

Interpretation of the case of the domestic conflict case,Mainly civil law、Differences caused by different legal legislative purposes such as criminal law and the scope of adjustment。If the interpreter cannot break through the vision limit of departmental law,It is impossible to get scientific conclusions。Discuss the problem of the conflict of the region under the principle of the unity of the French order,First of all, you need to clarify the true connotation of "the principle of unity of legal order"。For this,The author agrees with Lalanz's point of view -the unity of law order is not the concept、Bet365 lotto review Logic、Unification of form,but the purpose of the purpose under the guidance of important value。So,The principle of unity of law order does not require various departments to draw the same conclusion on a certain issue,But requires its value and purpose to maintain the same direction。Under the analysis framework of the conflict of the region,The reasoning logic of the departmental law should be abandoned,Seeking the "largest common divisor" for value and purpose -oriented,That is the purpose of the legal purpose。In other words,Under the perspective of the unified principle of French order,Solution of conflicts in different regions,Closely related to the purpose of understanding the law correctly。

 How to understand the purpose of the law 

First,Legal goals are unified。Although the laws of various departments have their own legislative purpose,But it is just "individual purpose",There is still more abstract in the overall existence、macro "unified purpose"。"Unified purpose" is the shaping of the law of the law through the rule of law and the rule of law in the process of law,The embodiment of safety、Order、Development、Freedom、Equality、Common expectations of equal value of fairness,Is the legal guidance of true, good, beauty、Promoting social progress、Promoting the common pursuit of human civilization。So,When judging by the "individual purpose" of the departmental law,,Do not ignore the inspection of the "unified purpose" of the overall law order。Compared with the former,The latter can provide a clearer value -oriented case for the case of the government conflict。For example,Judgment bet365 Play online games of the nature of the behavior of the Yin Ding and the mother -in -law "deceived" demolition funds,Although its divorce、Marriage and Household registration are registered in civil law、"Real and Legal" in the vision of administrative law,But this does not prevent the establishment of fraud in the criminal law。This is because of,The means of obtaining the demolition funds of the parties are legal,But its malicious use rules、Human manufacturing new conditions,Get the interests that do not match the established demolition policy,It can be completely evaluated as "fictional facts" in the crime of fraud。In other words,Depending on the Civil Law、Judgment of "legitimate and valid" obtained by administrative laws and regulations,It is just the logic of the internal department of the department,"Unified purpose" with the "unified purpose" of the overall method。Another example,,Although this case exceeds the exclusion period stipulated by the Insurance Law,Insurance companies have lost the right to physical relief,But this is just the internal logic of the insurance law,Can't reject the establishment of insurance fraud on criminal law in this regard。

Second,Legal goals are leveling。Under the principle of unified order of French order,When there are multiple legal purposes and conflict with each other,Those with higher levels should be used as the main basis of judgment。For example,In the "I am not a medicine god" story prototype, "Lu Yong has purchased imitative drug cases",Lu Yong purchased privately without approved medicines,In the form of infringing the state's management bet365 Play online games order of drugs,It is an administrative law in administrative law,It also meets the constituent elements of the crime of selling fake drugs in criminal law。but,Evaluate whether a certain behavior is illegal or crime,Thinking of comprehensive thinking from the perspective of the purpose of the purpose。Regardless of the administrative law evaluation of "fake medicine",Crime recognition of the crime of "selling fake drugs",Its fundamental legal purpose is to protect the health rights and interests of the people in the people。For the legal norms of punishing drugs illegal crimes,The life and health of the people are the fundamental purpose、Purpose of the essence,National Drug Management Order is just a direct purpose、Formation Purpose -The former is higher than the latter。In this case,The behavior of Lu Yong's purchase of "fake medicine" can help those who are suffering from illness,Ackles that help their lives and health。Therefore, under the perspective of purpose rationality,Its behavior is in line with higher levels of legal purpose,It should not be evaluated as a crime。

Last,Legal goals are standardized。During the formulation of law,Legislators must set behavioral patterns and attention obligations based on certain normative purposes,Therefore, in the application of law,When the judge connects the facts of the case with the specification content,The guidance of the above purpose is required。Specific speaking,The referee can expand or limit the explanation method,Drawing conclusions that meet the purpose of standardization,To bet365 best casino games achieve the unified order of law。For example,A professional fake person at the same time、Buy seven packs of expired instant noodles in the same supermarket,But seven checkouts,After seven shopping tickets afterwards, he filed seven lawsuits to the court,and the punitive compensation of 7,000 yuan in accordance with the "Food Safety Law" regulations。The lawsuit request is legal in form,But considering that the purpose of the legal purpose is standardized,The court should not support the profits of the occupation counterfeiter。"Food Safety Law" Article 148 set ten times punitive compensation (less than 1,000 yuan,with a standard purpose of 1,000 yuan),It is to protect consumers' physical health and life safety。The occupation fake person intends to use the rules vulnerability to obtain personal interests,Obviously not belong to the protection of the "Food Safety Law" punishment clause。In this case,The court used a limited explanation to determine that it had "consumption" once,Only supports punishment compensation of only 1,000 yuan,It reflects the position of the determination of the purpose of the destination。

In short,Evaluation of the same behavior,Different positions in different departments are very normal。So,The scientific connotation of the unified principle of law order is the unity of purpose and value,Instead of a unified conclusion and position。In the scene of the conflict of the government,Should grasp the unity of legal purpose、Stepality and specifications,Realize the unity of legal order with purpose rationality。

 (Author is an associate professor of Wang Jian Law School of Suzhou University) 

 

Editor in charge: Cui Bohan
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