现代法律关系背景下的法律主体关联理论

S. Vasiliev
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引用次数: 0

摘要

在现代条件下,法理学常常与官僚制混淆。这种情况是由于这样一个事实,即每个人都习惯于准确和严格地遵守法律的每一个字母和另一个,即使不是在法律效力方面最重要的法律行为。与此同时,人们必须面对不正确履行这个或那个规定的恐惧,这不仅会给公民的福祉留下印记,而且在与公共当局,州或市政机构等联系时也会产生一定的负面紧张。结果,法律从解决冲突局势和稳定社会关系的手段变成了干扰普通人生活的东西。这似乎是因为“法律为人”的范式转变为“人为法律”。这种思考促使作者试图制订一种法律主体相互关系的理论,这种理论不仅在法律关系的框架内,而且将决定有能力的人和机构的关键地位。然而,后者继续发挥最重要的价值,并将在本工作中更详细地考虑。主要结论是,法律应该为人民服务,而不是相反,因此,在制定法律时,有必要考虑到他们的真正利益,生活中发生的事情,而不是在未来模仿他们的行为,也使用国家强制的措施。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
MODERN LEGAL RELATIONSHIP IN THE CONTEXT OF THE THEORY OF CORRELATION OF SUBJECTS OF LAW
In modern conditions, jurisprudence is very often confused with bureaucracy. This circumstance is due to the fact that everyone is accustomed to accurately and rigorously comply with each letter of the law and another, even not the most significant legal act in terms of legal force. At the same time, one has to face the fear of fulfilling this or that provision incorrectly, which leaves an imprint not only on the well-being of citizens, but also creates a certain negative tension when contacting public authorities, state or municipal institutions, etc. As a result, the law has turned from a means of resolving conflict situations and stabilizing relations in society into something that interferes with the life of an ordinary person. It seems that this happened because the “law for man” paradigm turned into “man for the law”. Such reflections prompted the author to try to formulate a theory of the correlation of subjects of law, which would determine the key positions of competent persons and bodies, not only within the framework of legal relations. Nevertheless, the latter continue to play the most significant value and will be considered in this work in more detail. The main conclusion is that the law should serve people, and not vice versa, for which, when creating it, it is necessary to take into account their real interests, what happens in life instead of modeling their behavior in the future, also using measures of state coercion.
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