论文部分内容阅读
在当下中国,法治已经成为一种主流话语,从官到民,从上到下,处处都在谈法治。加强法治在细节处落实的重要措施,就是建立对各级法律的合法性审查机制,保证立法目的在层级延伸中不被扭曲。法律的运行离不开人,而法律从文本上的条款落实到社会生活中的规则更离不开人。但人也是社会中的人,人所承载的传统思想与文化也会影响法律规则的真正实施,尤其官本位的权力思想在很多细节之处影响着我们的法治实践。在
In contemporary China, the rule of law has become a mainstream discourse, from official to public, from top to bottom, talking about the rule of law everywhere. An important measure to strengthen the implementation of the rule of law in the details office is to establish a mechanism for censorship of the legitimacy of laws at all levels so as to ensure that legislative objectives are not distorted at the level of extension. The law can not be separated from the people, and the law can not be separated from the rules of the text in the social life. However, people are also people in society. The traditional thoughts and cultures carried by people also affect the true implementation of legal rules. In particular, the power-based thinking of the official standards has influenced our legal practice in many details. in