论自然法精神及其对现代法治的意义

On the Spirit of Natural Law and it's Meaning for the Modern Ruling by Law

自然法精神即正义具有普适性,它不因民族和国度而异。现代法治要素所包含的价值理念离不开自然法精神,这是现代法治国家所追求的最高价值目标。在现代国家的法治建设过程中,借鉴传统自然法精神可使我们获得很多教益,从中引出的人权保障、法律至上、权力制约等一系列宪政装置对于现代法治的确立至关重要。

The spirit of natural law namely justice is universal ; it does not vary from nations and countries. Value ideals embodied in the Elements of modern ruling by law can not be separated from the spirit of natural law; this is the highest Value a modem country pursuing. In the process of ruling by law for a modern state, we will learn many lessons from the spirit of traditional natural law, a series of constitutional system such as the protection of human rights, putting law first and restraining the power derived from which are essential to establish the modem ruling by law.