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回应现代社会价值多元并在其中审慎行动,是未完全理论化协议理论的出发点和终极诉求点。在多重意义上,民间规范司法运用问题都具有未完全理论化协议的本质属性,它始终是一项需要持续推进的未完全理论化的法治事业。对该特征之分析,不仅有助于廓清其本质,而且可能更好地借助未完全理论化协议理论来运用民间规范于司法过程中去,以求在价值、规范和主体多元博弈的复杂司法制度语境中,推进法治事业及其所追寻的公平正义目标的实现。
It is not only the starting point and the ultimate appealing point of the theory of incompletely theorized that we should respond to the diversity of the modern society and act cautiously in it. In multiple senses, the problems of non-governmental standard-of-justice administration all have the essential attribute of incomplete theoretical agreement, which is always an incompletely theorized rule of law which needs to be continuously promoted. The analysis of this feature not only helps to clarify its essence, but also may be better to use non-theoretical norms of theory to apply civil norms in the judicial process, in order to value, norms and the subject of a complex multi-game judicial system Context, to promote the cause of the rule of law and the pursuit of the goal of fairness and justice.