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刘海年教授作为一位亲身参与新中国成立以来中国法治建设的法律学人,以其个人的观察和视角,为我们详细讲述了“理论务虚会”和四项基本原则的提出过程、“两案审判”中的种种法律问题和角力,是我们研究当时法治发展的宝贵材料。评议阶段中,张志铭教授认为要客观看待当时历史条件下的法律事件;马小红教授以法制史的视角提出制度和人的完善应当是社会发展的目标。在提问阶段,刘海年教授与大家共同探讨了法治的一般性和特殊性的关系、国内政治倾向对外交政策的影响等问题。
As a legal scholar personally involved in the construction of China’s rule of law since the founding of People’s Republic of China, Professor Liu Haien told us in detail his “theory of retreat” and the process of proposing four basic principles with his personal observation and perspective. The various legal issues and wrestling in the “Two Cases Trial” are valuable materials for our study on the development of the rule of law at the time. In the assessment phase, Professor Zhang Zhiming believed that objectively considering the legal events under the historical conditions at that time; Professor Ma Xiaohong proposed that the system and people’s perfection should be the target of social development from the perspective of legal history. During the questioning stage, Professor Liu Haien discussed with everyone about the relationship between the generality and particularity of the rule of law and the impact of domestic political tendencies on foreign policy.