论文部分内容阅读
对于法律体系来说,法治思维是一个基础性的概念,也是一个指导具体行动的概念。然而,关于这一概念的内涵,当前并没有统一的共识,更缺乏基于公众认知和社会实践中存在的突出问题而对这一概念作出的梳理,这种状况必将影响到法律体系的完善与发展。因此,本文尝试剖析法治思维应有的内涵,通过与一些容易混淆的理念或观点的辨析,还原法治思维清晰的面目。本文认为,法治思维在内涵上是一种价值思维、形式思维、保守思维和建构性的理性思维。
For the legal system, the rule of law thinking is a basic concept, but also a concept that guides specific actions. However, at present, there is no consensus on the connotation of this concept, and the lack of sorting out this concept based on public awareness and outstanding problems existing in social practice will surely affect the perfection of the legal system And development. Therefore, this article attempts to analyze the connotation of the rule of law thought and to restore the clear-cut thinking of the rule of law by differentiating it from some easily confused ideas or viewpoints. This paper argues that the conception of rule of law thinking is a kind of rational thought of value thinking, formal thinking, conservative thinking and constructive thinking.