法律修辞方法对构建法治意识形态的意义

On the Meaning of Legal Rhetoric Method to the Construction of the Rule of Law Ideology

法律修辞方法是指综合运用各种法律方法,在谋篇布局的基础上,以寻找言说关键词进行说服的思维活动。由于法律修辞方法主要是"把法律作为修辞"以此进行说服,因而法治意识形态的属性比较明显。只要人们在思维过程中"把法律作为修辞",那么在政治、经济、文化、社会生活中,法律就有了话语权。然而,由于法律修辞方法以说服、信服为目标,因而不能刚性地依据逻辑的推论,或片面地以权力进行压服。法律修辞方法所寻求的,是以形式法治为主,并附之以实质法治的方法;旨在思维的形式和实质两个层面推进法治中国建设。与传统的政治意识形态比较,目前进行的法治意识形态建构,主要是矫正片面的权力思维或实质主义思维的弊端,理顺实质法治与形式法治的关系。在权力政治言辞过剩的情况下,倡导"把法律作为修辞"的说服方法。这对法治意识形态构建具有十分重要的意义。

The legal rhetoric method is a thinking activity in which all kinds of legal methods are adopted.It aims to find key words to make persuasion on the basis of the overall planning, thus turns out to be an expression of the rule of law ideology.As long as people“use the law as a rhetoric” in the process of thinking, the law is to be heard in the political, economic, cultural and social life fields.However, as the goal of legal rhetoric method is to persuade and convince, it is not likely to depend on logical reason rigidly, or exercise dominance through power in a one-sided way.What legal rhetoric seeks is the method which focuses on the form of the rule of law, together with the essence of the rule of law.Moreover, it promotes the construction of the rule of law in China in two aspects of form and essence.Compared with the traditional political ideology, the construction of the rule of law ideology mainly deals with the correction on the disadvantages of one-sided power thinking or substantial think-ing, and further coordinates two kinds of the rule of law.In the case of excessive political rhetoric, advocating“using the law as a rhetoric” is of great significance to the building of the rule of law ideology.