“法的目的”研究与争论虽绵延几千年,但缘于对法治的渴求、理性的推崇等原因,始终徘徊在传统的主观论与客观论之间。这不但有悖客观常理和法学科学性原则,而且终将会动摇公共秩序和危及市民社会建构。鉴于此,有必要在归结传统理论中法的目的基础上,对其进行批判与反思,进而从马克思主义法律思想的视角出发,在法解释学语境中重新考察法的目的,并申明加强“法的目的”研究有利于增强中国法律自信、扩大中国法律话语权。 Although the research and controversy have been going on for thousands of years, due to the thirst for the rule of law and the esteem of reason, etc., they have been hovering between traditional subjectivity and objective theory. This will not only contravene the objective principle and the scientific principle of law, but will eventually shake public order and endanger the construction of civil society. In view of this, it is necessary to criticize and reflect on the purpose of the law in the traditional theory, and then from the perspective of Marxist legal thought, to re-examine the law in the context of legal hermeneutics and affirm the strengthening of The purpose of the law is conducive to enhancing the self-confidence of Chinese law and expanding the power of legal discourse in China.