守法与法治之关系的政治哲学解读

A Political Philosophic Approach to the Relationship between Abiding the Law and the Rule of Law

法治不是高不可攀的空中楼阁,而是具体而平实的守法之治,这不仅是人类法治文明的经验总结,也是应对现代民主社会之难题的基本出路。法治通过立法、执法、司法、守法的制度建构而实现民主的法治化。法治是守法之治,实质是指立法者遵守规范立法之法、执法者遵守规范执法之法、司法者遵守规范司法之法、守法者遵守规范行为之法。

The most important thing concerning the rule of law is to abide the law. It is the experience of the human government and the key to the problem of constructing modern democracy. By means of the system construction of legislation,administration,judgment,abiding-the-law,the notion of democracy turns into a concrete system. In a society ruled by law,the legislators must abide by the legislative procedures,the administrators must observe the administrative procedures,the judges must comply with the judgmental rules,and the public must abide by the standard of behavior confirmed by laws.