系统论视阈下的法治主体研究

Research on Rule by Law under Visual Threshold of System Theory

鉴于国内学者对于本国法治现代化及其实现路径的问题见仁见智,未形成统一的见解,依据法学界巨擘高鸿钧等人的见解,借鉴刘进田、李少伟的观点,从系统角度分析法治主体的四个要素,指出法治主体在当今中国法治建设中的现实意义。法治主体(独立个人)是当下中国建设法治国家的必须和前提,中国推行法治应以个人本位为立法价值取向,注重对个人权利和自由的保护,实现人的独立自由,以实现法治现代化。

Aimed at problem that domestic modernization of rule by law and its realization path doesn＇t take consensus, according to the viewpoint of GAO Hong-jun--authority of jurisprudential circle and taking the viewpoints of LIU Jin-tian and LI Shao-wci as reference, four essential factors of rule by law are analyzed from the point of view of system and the significance of rule by law in China law construction is pointed out. The analysis shows that rule by law is premise of China legal state construction so implementation of China rule by law should take personalism as value orientation of legislation, pay attention to protection of individual rights and freedom and realize modernization of nile by law.