强化规范意识:建构社会主义法治体系的逻辑基点

Strengthen the Awareness of Norms: Construct the Logic Basis Points of Socialist Rule of Law System

从十八届四中全会所确立的法治体系基本内容和目标图景来看,正是法律的规范性内容构成着社会主义法治体系的逻辑基点。其形成过程也包含着制度型规范和思维型规范的双向建构,既离不开对法律规范的合法遵守,又离不开法治思维和法治方式的有效运用。具体表现在以下建构机制和路径中:第一,在公权向人权转换的背景下,完善国家治理的法律规范供给;第二,明确法治思维的合法性判断起点,进一步用法治方式凝聚改革共识;第三,规范司法体制改革的制度约束和保障,提升司法的权威和公信力。

The construction of rule of law in China is undergoing a cross from static legal system to dynamic rule of law system after the legal system formation. As another saying, the time of rule of law system forming is the moment of a country under the rule of law building. From the value and target of the rule of law system, its legal standard contents constitute the logic basis of the socialist rule of law system. Its formation process also contains double construction, both system and thinking. This process not only needs legal compliance of the legitimacy norms, but also needs effective use of the rule of law thinking and way. It embodies in the following construction mechanism and path ： Firstly, perfecting the legal norms of social governance supply under the transformation background from public rights to human rights ; secondly, cleating the rule of law legiti- macy starting point and using the rule of law method to condensed reform consensus;lastly, standardizing the institutional constraints and guarantee of the judicial system reform to promote judicial authority and credibility.