法律自治的三重意境

Ternary Imagination of Legal Autonomy

就法治的解构与分析而言,法治是一个动态的运作机制。贯穿于这种运作机制的始终不可或缺的主线就是法律自治。法律自治既是法治的题中之意,又是通向法治之境的路径。法律自治包括三重意境,即法律的权威来自法律、法律人是法律自治的动因、法律自治要求平等待人。

Rule by law is a dynamic operating system as far as its deconstmction and analysis are concerned. The main line of this operating system is the legal autonomy. The legal autonomy is both the inner meaning of rule by law itself and an approach to the picture of rule by law. Legal autonomy consists of three different levels. The first is legal authority comes from the law. The second is lawyer is the key dement of legal authority . The last is legal authority requires treat everyone equally.