柏拉图的“法律序言”探析

An Analysis of Plato's “the Legal Preface”

柏拉图晚年在《法律篇》中明确提出和建构了"法律序言",认为为了法律更好地适用和发挥效力,应当对于立法的目的、本旨和适用情况予以详尽的说明,从而彰显法律的说理与强制的权威。在当代中国法治建设中,我们更应该重视法律创制过程中的说理工作,明确法律的立法意图、目的以及适用的情形,从而促进每一个公民敬畏法律、认可法律、遵守法律。

Plato in his later years clearly put forward and constructed the legal preface in the law. He suggested that in order to make the law take better effect,it was necessary to elaborate the purpose,intention and applicable conditions of the law so as to reveal the reasoning of law and the authority of its force. In the process of building the rule of law in contemporary China,we should attach more importance to reasoning work in legislative process and formulate the legislative intent and purpose of law as well as the applicable situations,thus promoting every citizen to awe,acknowledge and obey the law.