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Research In The Conflict And Harmony Of Legal Value In The Complement Of The Law Of Road Traffic Control

Posted on:2008-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:G J FanFull Text:PDF
GTID:2166360245464003Subject:Law
Abstract/Summary:PDF Full Text Request
The new law of road traffic control, which provides the legislative authority for the police and the court to handle the damages for personal injury raised in the traffic accident, is a law filled with the sprit of people oriented that adopts with the development of the social economic and protects the personal right and property. Meanwhile, as the law is mainly based on the regulation on road traffic control, in addition of the faultiness of the legal system and the juvenility in the legislation technique, conflicts of legal value raises in the practice of the law.Sure, there are many conflicts of legal value. When some conflicts of value are concerned with the law or exist in some aspect of the law, it becomes the conflicts of the legal value. Thus, it is important for us to find a principle to harmonize the conflicts of the legal value. By analyzing the connotation and the attribute of the legal value and the conflict of legal value, the author concludes that the principle to harmonize the conflict of the legal value is the principle of people oriented, the principle of obeying the basic value, the principle of persist in the legal value and the principle of implement of the most beneficial result. As in the law of road traffic control, the principle to harmonize the conflicts of legal value is the priority of human rights, special protection of the weak people, protection of private power, balance of order and justice and the capacity of equitableness and efficiency.
Keywords/Search Tags:the law of road traffic control, legal value, conflict of legal value, the principle of harmonize
PDF Full Text Request
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