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法治体系建设的关键在于高效的法治实施体系,这是法理学与部门法学应共同关注的问题。法理学界以往对法律实施的讨论,因缺乏对部门法实施困境的把握而存在结构性缺陷。法律概念是明确法律规范的含义与意义的最小公分母,由于法律中有大量评价性概念,这就存在不明确法律概念具体化的实践要求。法教义学需要立足于法律规范的正当目的,并借助于法律规范的学说化诠释,以法治思维限制国家权力。这是法律实施必须正确对待的真问题。“实践反对理论”牺牲的往往是法律解释的正确性,“理论指导实践”这一简单的口号式教义,并不必然会带来法律实施中的规范性论证。只有重视法律概念、法律规范与法学学说的关系建构论及其解释学循环,才能确保法律解释在规范性论证中得出正确的解释结论。
The key to the construction of the rule of law system lies in the efficient implementation of the rule of law system, which is a common concern of jurisprudence and departmental law. The jurisprudence of scholars in the past to discuss the implementation of law, due to the lack of grasp of the difficult implementation of the departmental law, there are structural flaws. The concept of law is the least common denominator to clarify the meaning and meaning of legal norms. Due to the large number of appraisal concepts in law, there are practical requirements for the indefinite conception of law. Legal doctrine needs to be based on the legitimate purpose of legal norms, and with the aid of legal norms of the doctrine of interpretation, the rule of law thinking limits the state power. This is a real issue that the law must correctly handle. “Practice Against Theory ” Sacrifice is often the correctness of legal interpretation, “the slogan of” theoretical guidance practice "does not necessarily bring about normative demonstration in the implementation of the law. Only by attaching importance to the constructivism of law, the construction of the relation between legal norms and jurisprudence and the cycles of hermeneutics can we ensure that legal interpretations draw the correct interpretations and conclusions in normative arguments.