Research On The Tolerance Principle In Law

Tolerance is a comprehensive proposition involving philosophy,ethics,and law.It seems that we can see the role of tolerant reconciliation in human interaction,political mediation,and dispute resolution.However,unlike the evolution of Western societies from religious tolerance to political tolerance and legal tolerance,the principle of tolerance has always encountered difficulties in the development of the rule of law in China.This is deeply related to the lack of dialogue between substantive law and legal philosophy in China.There is a misunderstanding of the attitude and concept of legal toleration.This article is divided into five parts to illustrate:The first part of the article mainly introduces the "Roe v.Wade" case of the classic case in the history of American constitutionalism as the entry point,from the value dispute of abortion in the judicial practice in the United States,we get a tolerance-based legal treatment model in the value argument of "illegal theory" and "lawfulness theory".In the second part,it explores the connotation and development history of the principle of toleration,and analyzes the principle of toleration from the perspective of the field of legal philosophy to value relativism and liberalism.For the internal implication,to define the principle of tolerance is tolerant of different value judgments on the basis of human freedom of respect;the third part analyzes the justification of the principle of tolerance from three levels,due to the diversity of human social life and the limited understanding,tolerance is a necessary principle for mankind to pursue legal truth in a diverse society.This principle complements and complements other legal values.The fourth part introduces the legal practice of the principle of tolerance in Western societies.Such as Kauffman’s "Legal Space" Doctrine,same-sex marriage,and embryology study at the same time,introducing tolerance is not connivance,and the principle of tolerance should be based on the principle of responsibility and fairness.In the fifth part,on the basis of the study of the theory of tolerant principles,we explore the important value of the principle of toleration to our country’ s rule of law,although due to historical and other deep reasons,there is a dilemma of attitude and concept in the legal practice level in our country.However,because of the diversified social life and the legal exploration of harmony,freedom and human rights in the rule of law require us to apply tolerant principles in the important aspects of legislation,law enforcement and justice.In recent years,the principle of tolerance has reached a lot of consensus in the fields of academic discussion,legal policy,criminal law,and civil law in our country and it has been used in legislation,law enforcement,and justice.This essay aims to analyze the connotation of the legal toleration principle based on the legal philosophy of the principle of toleration and intends to explore the " legal toleration" under the context of constructing the rule of law in China through the practice of western country.