显型民主法治与隐型民主法治协调发展的思考

On the Coordinate Development Between Phenotypic Democracy and Rule of Law and Cryptotypic Democracy and Rule of Law

民主法治是一种文化,它可以分为显型民主法治与隐型民主法治两大部分。显型民主法治,是属于物质层面的文化,它包括政治法律规范、政治法律制度和政治法律设施等三个层面;隐型民主法治,是属于精神层面的文化,它也包括三个层面:政治法律心理、政治法律意识和政治法律思想。建国以来,特别是改革开放以后,我国的显型民主法治建设取得长足的进步,但隐型民主法治建设略显滞后,主要表现为:隐型的权力本位思想与显型的权力运行规范的冲突;隐型的权利意识与显型的民主制度的反差;隐型的法律心理与显型的法治原则的背离。当前,为了实现显型与隐型民主法治的协调统一,应重视隐型民主法治建设。进行隐型民主法治建设,就是要普及和传播民主法治背后的文化、观念、价值等,使人们在精神上变得现代化起来,形成与现代的政治法律相适应的态度、价值观、思想和行为方式,即培育人们的现代民主法治精神。而现代民主法治精神则植根于特定的政治、经济、心理、社会、制度等环境之中。

Democracy and the rule of law is a kind of culture, which can be devided into two parts, one is phenotypic democracy and rule of law and the other is cryptotypic democracy and rule of law. Phenotypic democracy and rule of law is a kind of material culture, which includes three parts： political and legal norms, political and legal systems,and political and legal facilities; while cryptotypic democracy and rule of law is a kind of spiritual culture, which also includes three parts：political and legal psychology, political and legal awareness, and political and legal thought. Since the founding of PRC, especially after the implementtation reform and opening-up, phenotypic democracy and rule of law has made great progress, but cryptotypic democracy and rule of law develops slowly. These are mainly manifested in the conflict between cryptotypie power-oriented thought and the phenotypic norms of power operation,the gap between cryptotypic right awareness and the phenotypic democratic systems, the contradiction between cryptotypic legal psychology and the phenotypic principles of rule of law. Currently,in oeder to attain coordinate development of the two parts,it is necessary to pay enough attention to the construction of cryptotypic democracy and rule of law. The construction of cryptotypic democracy and rule of law is to popularize and spread the culture, concepts and values which hide in democracy and rule of law, so as to make people become modern in spirits, and form modern political and legal attitudes, values, ideas and patterns of behavior, which is to cultivate people＇s spiri social ts of modern democracy and rule of law that is rooted in corresponding political,cultural, economic, mental, and institutional conditions.