法治形式与实质的法学理论思考

Law Theoretical Thinking on the Rule of Law in the Form and Essence

自依法治国方略提出以来,"法治"逐渐成为全社会上下的时髦语,其理论的研究"百花齐放、百家争鸣",取得了巨大的成就,建设的实践也卓有成效。然而,这是法治的幸运也是不幸之处。成为社会的焦点,必然会得到关注并不断发展;但是被关注太多,也许会承载太多,被曲解,庸俗化。基于这种现状,在众多前辈理论的基础上,对建设法治中国,从法治的形式和实质两个方面进行一些框架性的整体思考,还原真实的、完整的法治:完善的法律制度、立法程序法治化、普遍遵守(法律制度绝对权威性),民主、平等、限权。

Since the general plan of governing the country according to law proposed,＂Rule by Law＂gradually becomes the buzz word in the whole society,whose theoretical research takes on a scene ＂Let a hundred flow-ers blossom and a hundred school of thought contend＂,meanwhile,the research obtained great achievement,both in theoretical and practical development.However,it is the fortunate as well as the misfortunate to the rule of law,it has become the focus of the society and got attention then growing;the more it is concerned,the more it is loading,misinterpreted and vulgarized.So as to establish a government by law based upon such pre-sent situation numerous predecessors theories,it should make some framework overall thinking,the rule of law be restored,authenticated and integrated： the legal system be consummated,legislative procedure be institu-tionalized,be universal obeyed（legal system absolute authority）,democracy,equality,right to be restricted.