信仰:法治的精神意蕴

Faith: The Mental Meaning of Rule by Law

批判性地考察现行法治理论的共同性内涵可以看出，其重大理论误区在于：对物质性的法津制度的过分关注和对精神性的法律观念的极度忽视。形成这种状况的基本原因在于这种理论忽视了在法治历程中社会成员的主体性与自我意识。现代法治包含或者应当包含的观念要素为：法律情感、崭新的法律态度、主人翁的独立意识、社会成员的自主性、政府的绝对守法义务等。而对法的真诚的信仰乃是现代法治真正的精神意蕴。以此审视中国的现实，其步入法治境界之路的确还相当遥远、艰辛而漫长。

The substantial mistaken area in current theory of rule by law is that it gives too much attention to the material being of legal sysytem but shows a great deal of neglect on legal mentality, because the theory neglects the social members' subject beings and self-consciousness which show in the process of rule by law. The conceptual elements that should be included in modern theory of rule by law are: legal sentiment, an entirely new legal attitude, the sense of self-independence and government's duty of follow-lng law strictly, etc.. But over and above them is the s1ncere faith in the modern lawwhich is the real mental meaning of rule by law. China has a long way to go to reach therealm of rule by law.