法律信任初论

当下中国学者的法律信仰研究的理论前设和结果实际上是对法律的神化.然而,法律具有不可克服的内在局限性,这决定我们在法律之上只能产生法律信任,即理性主体对这种具有不可克服的内在局限性的法律的宽容和尊重.从本体意义上说,法律信任是一种关系性质的信任,它以三大支配关系为特征.从价值意义上说,法律信任是法律权威性的直接来源.

On the Trust of Law

At the moment, the Chinese scholars' studies on the belief of law are actually the apotheosis of the law. However, law has the internal limits that can't be overcome, as decides us only to produce the trust of law, namely the reasonable one tolerates and respects the limits. On the meaning of noumenon, the trust of law is a kind of trust of relativity, which takes the three greatest dominations relation as a characteristic. On the meaning of value, the trust of law is the direct source of the authority of law.