诚信失范与诚信法治的建构

The Loss of Integrity and the Construction of Integrity Nomocracy

社会失信已泛化为普遍现象,法治化的进程也难脱离此种困局。在法治型构的过程中,理论阐释的学理分析存在从外部探究竟的嫌疑,要理清法治化过程中的真实样态,从内部看世界才是科学的方法进路。选取典型案例作为切入点,从法律制度、法律机制、法律裁决等多重维度入手,考察法治型构中的失信问题,并总结描述现行的诚信生成机理。这对于归结法治化进程中失信的内在症结,存在科学性与规律性的启示,是树立诚信法治观念与进行诚信法治实践的重要前提。

Nowadays, the loss of social credit has been generalized to common phenomenon. Many things have to befaced with faithless dilemma, including the process of nomocracy. In the process of nomocracy construction, theoretical interpretations are mostly leaning to external research. However, in order to clear the truth about thedevelopment of nomocracy, researchers snould recognize problems from the the angle of inherent structure. Thisessay which is based on some typical cases, examines the un-credit problems in the construction of nomocracy from dimensions of legal systems, legal mechanism and legal judgment. Actually, it also summarizes the currentgeneration mechanism of integrity, which provides some scientific and regular revelations for researchers to sum up the inner crux of un-credit . Moreover, it＇s an important precondition for the society to establish the concept and carry on the practice of integrity nomocraey.