论法律文化的实质内涵

On Law Culture and It's Essential Connotation

法律文化是指人类在法律社会实践的历史进程中,形成和积淀下来的世代相传并不断创新的有关法律现象的总的认识和实践经验的结晶,它是法律制度存在、发展、并使其发挥作用的前提和基础,也是法治现代化的精神资源。法律文化的实质内涵在于:它是以保障和维护公民根本利益为核心目标的价值体系、以确立社会和谐为基础的理想价值体系和以保障公正确保法律安全为目标的社会心理价值体系。构建现代法律文化需要强化民本立法思想,确立司法职业化,加强法律人的职业导引作用,促进公民自觉守法和良性心理反馈机制的形成。

The culture of law refers to human being＇s cognition of legal phenomenon and quintessence of legal practical experience which were formed and handed from generation to generation. During the course,it has been constantly innovated.Law culture is the foundation and essential prerequisite of existence and development of legal system.Law culture takes the goal to protect the ultimate interest of people as its legal objective of value.Aiming to establish an ideal legal system to ensure a harmonious society and secure people justice.The construction of law culture should begin with intrinsic mechanism of rule of law and establishment of legislative ideology.Professional judicature should also be set up.The leading role of lawyers should be enhanced. Hence,a beneficent feedback and law-abiding mechanism will be formed.