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法律价值的冲突是法律规则冲突的根本原因。根据德国著名法学家阿列克西(Robert Alexy)的法律论证理论,如果法官在处理个案时,发现有2个以上的法律规则可以适用,而且会导致不同甚至完全相反的判决结论,这时法官要试图找到这些冲突的规则背后作为其价值支撑的法律原则,然后结合具体案件的具体情况,权衡比较这些原则在该案件中的份量,以其中一个原则作为判决的方向指引,然后选择适用以该原则作为价值支撑的法律规则作为判决的依据。
Conflict of legal values is the root cause of conflict of laws and regulations. According to the legal argumentation theory of Robert Alexy, a famous German jurist, when judges deal with individual cases, they found that more than two legal rules could be applied and would lead to different or even opposite conclusions of the verdict when the judge Try to find the legal principle behind the conflict as its value proposition, and then weigh the comparison of the weight of these principles in the case according to the specific circumstances of a specific case, with one of the principles as the direction of the judgment, and then choose to apply the The principle is used as the legal rule of value support as the basis of judgment.