Wang Wen, People's Court of Bei 'an City, Heilongjiang Province

(1) The value of law.

The value of law refers to the positive significance or usefulness of law to meet human needs. The value of law is an ancient and novel legal proposition. As early as when human beings created law or law, they began to think about the value of law or law. The act of creating laws or laws by human beings is by no means a blind act without meaning and purpose. For thousands of years, jurists and thinkers have been thinking and exploring the value of law. As early as ancient Greece, the famous thinker Aristotle (384- 322 BC) put forward two standards of "rule of law". In his view, the so-called rule of law, first, refers to universal law-abiding, and second, refers to the law to be observed should be good law. Obviously, in his view, the "good" and "bad" of the law is one of the inherent standards of the law and one of the foundations for people to abide by the law. As Pound said: In every classical period in the history of law, whether in the ancient or modern world, the demonstration, criticism or logical application of value standards was once the main activity of jurists.

In the history of legal development, natural law school has always advocated that law has its value pursuit, that is, justice, freedom and so on. The theoretical framework of natural law theory mainly has three fulcrums: first, the system of rights or justice owned by human beings is natural law, which refers to the universal laws owned by human beings. Natural law emphasizes the unity of law, and the basis of legal unity is justice, equality, freedom, happiness, dignity and rights. Secondly, it emphasizes that the positive law formulated or recognized by the state should belong to the natural law as a system of rights or justice, which is superior to the positive law and has the effect of dominating the positive law. If positive law conflicts with natural law, it must be amended or abolished to meet the requirements of natural law. Third, natural law itself is composed of eternal, transcendental and universally applicable general principles, or various principles illuminated by rational natural light. Therefore, it does not have the written form and national coercive force commonly used in positive law.

Because there have been many disputes between natural law school and analytical positivism law school in history, people seem to think that analytical law school is a problem of denying the value of law. Analytical jurisprudence thinks that natural jurisprudence confuses law and morality, and then puts forward that the research object of jurisprudence can only be empirical law, which is the truth that "evil law is also law" Austin once pointed out that the existence of law is one thing, and its advantages and disadvantages are the same thing. Whether it is a law or not is one thing, and whether it is suitable for people's imagination is another matter. Obviously, Austin opposes taking moral standards as the inherent condition of law, and the issue of legal value is based on the recognition of the value of law, so it is not necessary to become the field of legal research. So in my opinion, his point of view is not to deny the value of law, but to say that the value of statement does not need to be a legal issue. It can be said that no matter what kind of school of law, it finally recognizes or studies the value of law in a certain sense.

The research on the value of law, after thousands of years of conciseness, has solidified several basic value forms such as order, freedom, efficiency and justice. Order refers to the stability of relationship, the continuity of process, the regularity of behavior and the security of property and psychology to some extent. In civilized society, law is the primary and often effective means to prevent and stop disorder, and law is the most important means to establish and maintain order. Freedom in the legal sense is a specific field of freedom in philosophy. It is a category of relationship between individuals and society, which means that people have the right to do everything permitted by law. So Montesquieu pointed out that freedom is the right to do everything permitted by law. If a citizen can do what is forbidden by law, he will no longer have freedom, because others will also have this right. The word efficiency or effectiveness can have many meanings. Originally a concept in the field of economics, such as improving economic efficiency, it was later borrowed by the legal profession. The pursuit of efficiency has become an important value goal of law, which can usually be summarized as a basic meaning, that is, to get the maximum output with a given input, that is, to get the same effect with the least resource consumption, or to get the maximum effect with the same resource consumption. Justice, justice and fairness are basically the same concept, expressing an ideal state pursued by human beings and a social ethical concept. The phenomenon of social justice is very complicated. As Bodenheimer pointed out, justice has an ever-changing face, which can change into different shapes at any time and has a completely different look. Marxism holds that justice is the concept and system of social legitimacy determined by a certain social and economic foundation, and it is the organic unity of social system justice and subject behavior justice.

The value of law is the value of law to people. Developing and liberating all mankind is the great ideal of the proletariat. The real value of law is to seek human development and liberation, otherwise it is a distortion of legal value and should be rejected by us. Pursuing the law that runs counter to human development and liberation is not the real pursuit of law, nor is it the real value of law. Any law that ignores and obliterates people is a reaction to the value of law. Generally speaking, it is the value of law that determines that law should enter people's lives and should be popularized.

(2). The need of building a harmonious society

Building a harmonious socialist society is a systematic project, which requires the cooperation of all parties. Among them, the support of law-safeguarding citizens' basic rights, balancing the interests of all social subjects and safeguarding social fairness and justice is of fundamental significance to the construction of a harmonious society.

Order is the core of legal value and the most essential connotation of a harmonious society. Under the guidance of Scientific Outlook on Development, perfecting legislation and its system and strictly enforcing the law are the basis of building a harmonious society.

Order is an element of human ideal and the basic goal of human social activities. Law becomes a symbol of order in the process of establishing and maintaining order. The order pursued by law has the functions of stable relationship, continuous process, standardized behavior, property and psychological security in society. The essential connotation of socialist harmonious society is to realize the social order pursued by law, that is, to form a social state of democracy and rule of law, stability and order, fairness and justice, honesty and friendship, full of vitality, and harmony between man and nature, and this state should be persisted in the form of a process. This is the essence and basic feature of a harmonious society. Law is one of the two social control systems, which plays an irreplaceable role in regulating social relations and realizing social harmony. As the main and often effective means to eliminate or prevent disorder, law is of fundamental significance for building a harmonious socialist society. Therefore, building a harmonious socialist society needs the support of law.

To play the role of law in building a harmonious socialist society, the most basic aspect is to protect and safeguard human rights, balance the interests of various social subjects, and realize social fairness and justice.

First, protecting human rights according to law is the fundamental way to realize people-oriented, promote people's all-round development and improve socialist democracy and the rule of law. Respecting and safeguarding human rights is the symbol of human civilization and the basic feature of all progressive laws. Generally speaking, human rights are the social recognition of human values and the conceptual, moral, political and legal standards that distinguish human beings from animals. Human rights in the legal sense refers to the universal legal recognition of the inherent and acquired value of human beings. Since the founding of New China, human rights have always been the basic rights of citizens. The constitutional amendment in 2004 directly wrote human rights protection into the constitution, which is of great significance to the construction of a harmonious society in China.

The essential attribute of human rights is interests, including material interests and spiritual interests. The interests embodied in human rights are moral and conform to the general standards of morality, that is, they are both self-interested and harmless to people. Safeguarding and safeguarding human rights can fundamentally coordinate people's interests, fully respect people's interests and requirements, and be conducive to people's free and all-round development; Human rights have the function of establishing order and eliminating violence, and it is the inherent requirement of human rights to create harmony rather than conflict. The harmony created by human rights is manifested in political democracy and legal rule of law. Democracy and the rule of law are the highest embodiment of a harmonious socialist society. Only by protecting human rights according to law can socialist democracy and the rule of law be realized. In the process of building a harmonious socialist society, the protection of human rights lies in maintaining the status of the people, the owners of state power, and ensuring that the laws and policies formulated by the state can fully reflect the will and interests of the people. In social life, it is embodied in respecting and protecting citizens' political rights and freedoms, social right to know, social participation, democratic supervision and social economic and cultural rights, coordinating people's interests and mobilizing positive factors in all aspects of society; It is also necessary to use the law to shape the protection of human rights, ensure that the operation of the whole society is subject to the supreme authority of the law, completely eliminate privileges, make the law override human feelings and power, and truly protect human rights with the law, coordinate the relationship between people and maintain social harmony. Therefore, we must strive to protect human rights from the aspects of constitutional protection, legislation, administrative protection and judicial relief.

Secondly, the use of law to coordinate the interests of all social subjects is conducive to the establishment of a stable, orderly, dynamic and harmonious society based on the harmony between man and nature. As an objective need based on realistic conditions, interest plays a decisive role in law, that is, interest restriction affects law; Once the law is formed, it will have a dynamic reaction to interests. Balance of interests is the basic function of law. To build a harmonious society under the conditions of socialist society, we must proceed from the interests of the people, coordinate the increasingly complex conflicts of interests in social life, and balance the interests of social subjects. By establishing a perfect legal system, we can confirm, define and distribute various interests, coordinate social interest relations, guarantee and promote the realization of the interests of all social subjects, especially the confirmation and protection of the interests of new students and socially disadvantaged groups, and give full play to the role of law in coordinating interests. At present, to build a harmonious society, we must first start with improving people's livelihood, tilt the focus of fiscal expenditure to agriculture, rural areas and farmers to the maximum extent according to law, tilt to social vulnerable groups, tilt to social public service facilities, and establish corresponding legal protection mechanisms. Second, attach importance to issues such as environment, resources and ecological security, and raise them to the height of national security, establish and improve laws on environmental resources protection and ecological security, establish an eco-friendly and resource-saving society, and realize the coordination between man and nature.

Third, taking the law as the guarantee is an indispensable means to realize social fairness and justice and cultivate the social fashion of honesty and friendship. Fairness and justice are the inherent qualities of law, which can only be achieved through good laws. To build a harmonious society, we must take the protection of the interests of all people as the starting point, confirm their rights and obligations to enjoy legal status, protect their social, economic and cultural rights, and ensure that social subjects enjoy rights and perform obligations equally, so that social justice can be truly implemented. On this basis, we should cultivate and carry forward the social fashion of honesty and friendship, so that social development can leap from law to morality and move towards a more civilized height.

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