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法律是社会关系的调整器,它调整社会关系的手段具有自己的技术特点。法律调整方案的安排虽看似一种主观的立法活动,但对于法律调整手段的选择并非完全能够由立法者随意而为,它既受到社会利益关系构成的制约,也受到这些手段的技术特点所决定的功能范围的制约。对法律调整技术手段的科学选择,只存在于与这些制约关联的一个适当空间。要确立并实现一定的法律调整目标,我们必须根据社会利益构成状况的要求和法律调整技术手段的特点来选择运用这些手段。
Law is a regulator of social relations, and its means of adjusting social relations have its own technical characteristics. Although the arrangement of the legal adjustment program may seem like a kind of subjective legislative activity, the choice of the means of legal adjustment can not be freely made by the legislators at will. It is restricted by the social interests and the technical characteristics of these means The functional scope of the decision. The scientific choice of the means by which law adjusts its means exists only in an appropriate space associated with these constraints. To establish and achieve a certain goal of legal adjustment, we must choose and apply these measures according to the requirements of social conditions and the legal regulation of technical means.