The Study On Value Of Conflict Law From The Multiple Legal Perspectives

Value, as a kind of pursuit and instructions, becomes the focus of the study of contemporary philosophy and legal research, on which the study has the motive power for its core competency in terms of branch of learning and practice and also for the different concerns over its conflicts under the pluralism and complicated backgrounds. The typical interpretation of the issue comes from the era of Conflict Law value pursuit and regional difference.Pursuant to the historical inspection, the track of evolvement of Conflict Law's perspective and value diversity has revealed the law of development that the Conflict Law perspective has been picked from sole to multiple, the legal basis has been chosen from uniquely to multifariously and the methods to choose law are from simple to complex, it also has exposed the deep social causes behind the law of development, thereby the jurisprudence of legal philosophy is of great significance for broadening the horizon and conducting value of Conflict Law has been found.Natural law, analytical-positivist jurisprudence and sociological jurisprudence that stand at their own benefit and era perspectives, based on'rationality','sovereign will'and'society-oriented' respectively, tried to find a way to achieve justice and good order by law, showing their preference obviously in respect of value orientations which conducts the evolution process of substantive and formal value of Conflict Law. "Constructive Rationality" in Europe is the rationale of formal value pursuit of traditional Conflict Law, also is the cornerstone of reference for supplementing and amending modern conflict rules. While "Evolutionary Rationality" that put forward in the American pragmatic philosophy opened up a new access to slip off the limitation of Europe's consciousness, pay close attention to individual cases and seek substantive justice. "Constructive Rationality" and "Evolutionary Rationality", as theories, have developed respectively, and at the same time they have been used for reference mutually which leads to an assimilating tendency in the aspect of value pursuit of Conflict Law. Chinese Conflict Law that is in the proceeding of transformation lacks solid shoring of foundation of philosophy jurisprudence and instruction of core value. "Practical rationality" and socialism core value are the inevitable choices for China to construct an "ideal prospect" and accomplish the goal of value diversity.