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法治不仅需要有法可依、有法必依、执法必严、违法必究的形式要求和系统的体制性安排,更重要的是实质性权利义务配置原则和基础性正义观念。本文认为社会正义是政府法治的基础和根据,分析了我国效率与公平关系的政策变迁和它所反映的社会正义观念及其法治意义。文章进一步分析了政府在法治中的角色,认为政府秉持的自我智识能力的立场,也是法治中不可或缺的正义前提。一个实践主义的认识论对于实现有效的法治治理是有现实意义的。
The rule of law not only requires the formal requirements and systemic institutional arrangements that must be followed, the law must be followed, the law must be enforced, the law must be investigated, and more importantly, the principle of the substantive distribution of rights and obligations and the notion of basic justice. This paper argues that social justice is the basis and basis of the government rule of law and analyzes the policy changes of the relationship between efficiency and fairness in our country and the social justice concept and its significance of the rule of law as reflected in it. The article further analyzes the government’s role in the rule of law, holds that the government upholds its self-knowledge ability and is also an indispensable premise of justice in the rule of law. A pragmatic epistemology is of practical significance to the effective rule of law.