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纽伦堡审判是第二次世界大战之后,美、苏、英、法等盟国对纳粹德国首要战犯进行的一次法律清算。当时欧洲国家盛行实证主义法学,纳粹德国以实证法为由对法庭指控作出了强力的诡辩,企图洗脱罪名,免除责任。在国际法极其薄弱,法律体系不完善的大环境下,纽伦堡审判的法官以自然法为法理基础,以实证法的形式创新国际法,提出了“反人道罪”的罪名,用行动诠释了法律的正义价值。文章认为,纽伦堡审判是对古典自然法和实证法的折衷,对于新自然法的诞生具有重要意义。
The Nuremberg trial was a legal liquidation by the allied nations of the United States, the Soviet Union, Britain, France and other major countries of Nazi Germany after World War II. The prevailing positivist jurisprudence in European countries was that Nazi Germany made a powerful sophistry against court charges on the grounds of positive law in an attempt to exonerate the accused and avoid its responsibility. Under the circumstance that international law is extremely weak and the legal system is imperfect, the judges in Nuremberg trial innovated the international law in the form of positive law with the natural law as the legal basis and put forward the crime of “crimes against humanity” and interpreted the law in action The value of justice. The article holds that Nuremberg’s trial is a compromise between classical natural law and positive law, which is of great significance to the birth of the new natural law.