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法治是一个整体,但在现实生活中却被局部化了。法治实践中的“民粹主义”倾向,在法律制度上,对某一种制度单方面依赖,如“立法崇拜”等都是强调了法治的某方面的作用。结合系统科学原理,“整体法治”包括法律的结构、法律的性态、法律的演化、法律的整体价值与价值的实现。“整体法治”的价值表现为认识问题上的本原性,在价值领域的客观性,功能意义上的相对全面性。“整体权利”观是“整体法治”的表现形式之一。“整体法治”强调将法治作为有机联系的整体,强调全面、整体性地把握法治的现象与规律,反对孤立地、静止地对待法治,以把握法治的完整风貌。“整体法治”对全面客观地认识法治,建设性地从事法律实践具有重要理论意义与现实价值。
The rule of law is a whole, but it is localized in real life. The “populism” tendencies in the practice of the rule of law emphasize one aspect of the rule of law in the legal system, unilaterally depending on certain systems, such as “legislative worship ”. Combined with the principles of systematic science, “the entire rule of law ” includes the structure of law, the nature of law, the evolution of law, the overall value of law and the realization of value. The value of the “whole rule of law ” is manifested in the original nature of the problem of cognition, the objectivity in the field of value, and the relative comprehensiveness in the functional sense. The concept of “overall rights” is one of the manifestations of “the entire rule of law.” The “rule of law” stresses that the rule of law should be regarded as a whole of organic relations, emphasizes the overall and overall grasp of the law and rule, and opposes the isolated and static treatment of the rule of law so as to grasp the complete style of the rule of law. “The whole rule of law ” has important theoretical significance and realistic value to comprehensively and objectively understand the rule of law and constructively engage in legal practice.