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立法目的与法律目的不同,立法目的乃是表明法律为何成文化,法律目的乃是表明社会关系为何要借助法律规范予以调整。刚刚出台的《反家庭暴力法》的目的是以立法目的而存在的。法律目的实现,不只是自身制度运行的结果,民间固有的隐形制度对其实现具有重要作用。其中具有“切己”性质的家庭规范的作用乃是重中之重,而这需要家庭规范具有现代性以具备其能够纳入正式秩序的基础。
The purpose of legislation is different from the purpose of law. The purpose of legislation is to show why the law becomes a culture. The purpose of law is to show why the social relations need to be adjusted with the aid of legal norms. The purpose of the just-launched Anti-Domestic Violence Law exists for legislative purposes. The realization of the legal purpose is not only the result of the operation of its own system, but also its inherent invisibility system plays an important role in its realization. The role of family norms, which have the nature of being “self-serving”, is the top priority, and this requires that the family standardize the modernity so as to have the basis for its inclusion in the formal order.