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制度伦理为制度之灵魂,它通过某种价值取向与正义理念,或支持、或规避某种制度。制度伦理一般可以分为以特殊信任为取向的制度伦理和以普遍信任为取向的制度伦理。事实证明,以普遍信任为取向的制度伦理有利于法治现代化,以特殊信任为取向的制度伦理不利于法治现代化。俄罗斯的法治现代化并不顺利,其中一个重要原因在于其制度伦理长期以来是以特殊信任为取向的。不过,制度伦理并非不能改变,只是改变起来较缓慢一些。俄罗斯的制度伦理变革仍还很艰难、很漫长,但俄罗斯通过制度伦理变革解决法治现代化深层问题的进路无疑是正确的。这在方向上是对的,只要假以时日,俄罗斯的法治现代化还是可待的。
Institutional ethics as the soul of the system, through some kind of value orientation and the concept of justice, or support, or avoid some system. Institutional ethics can generally be divided into institutional ethics oriented by special trust and institutional ethics oriented by universal trust. Facts have proved that institutional ethics based on universal trust is conducive to the modernization of the rule of law and institutional ethics oriented toward special trust are not conducive to the modernization of the law. One of the important reasons for Russia’s modernization of the rule of law is not smooth. Its institutional ethics has long been based on special trust. However, the institutional ethics is not immutable, but changes slowly. Institutional ethical reform in Russia is still very difficult and long, but it is undoubtedly correct that Russia should address the deep-rooted problems of the modernization of the rule of law through institutional ethical changes. This is right in direction, and as long as time passes, Russia’s modernization of the rule of law is still awaited.