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法治思维的提出,是党和国家向世人发声,显示出中国进行法治建设的决心和信心。我们所强调的法治思维,应称之为中国法治思维,它和西方国家业已存在的法治思维相比,虽然存在联系,但更存在本质区别。中国是一个具有较深厚人治思维传统的国家,法治思维的生成并非简单易行,需要在生成环境和土壤上创造条件,为其树立奠定坚实基础。单纯从技术属性和特征的角度来剖析法治思维,并不能将它和西方法治思维进行有效区分。不从治理战略角度来考量法治思维,较难树立和运用正确的法治思维。中国法治思维呈现出明显的中国特色,既体现为人民的法治本质,也是法治思维的中国话语、法治建设的中国话语,是不同于西方普世价值思维方式的法治思维,是一种马克思主义法治观。
The formulation of the rule of law thinking is the voice of the party and state voicing the world and showing China’s determination and confidence in carrying out the rule of law. The rule of law thinking that we emphasize should be called the thinking of the rule of law in China. Compared with the pre-existing thought of the rule of law in Western countries, although there is a connection, there are more essential differences. China is a country with a profound tradition of governing the minds. The generation of the rule of law thinking is not simple and easy, it needs to create the conditions for generating the environment and the soil and lay a solid foundation for its establishment. Simply analyzing the rule of law thinking from the perspective of technical attributes and features does not make it an effective separation from the western thinking of the rule of law. It is difficult to consider and apply the correct thinking of the rule of law from the perspective of governance strategy. The Chinese rule of law presents obvious Chinese characteristics, embodying both the essence of the rule of law of the people and the Chinese discourse of the rule of law as well as the Chinese discourse of the rule of law. It is a rule of law that is different from the universal way of thinking in the West and is a Marxist rule of law View