“法治方式”的定位及塑造

The Orientation and Shape of the “Mode of Rule of Law”

"用法治方式化解社会矛盾"是正确的政治决定,人们非常重视诠释它的政治意义。然而,仅关注法治方式的政治意义是不够的,还需要重视法治方式的法学、法律意义。因为,"社会矛盾"在执法、司法领域表现为"具体矛盾",具体矛盾的解决需要倚重法律方法或法律思维规则。在缺乏法治启蒙的背景下,需要改造政治社会学意义上的法治方式;塑造教义学法学意义上的法治方式。教义学法学意义上的法治方式以社会主义核心价值为指导,以法治中国建设为目标,以遵守法律规定为前提,强调尊重执法、司法的规律,反对权力的绝对化,倡导行为主体要像律师那样思考,并在此基础上不断拓展法治。

To use the mode of the rule of law to resolve social contradictions is a right political decision, we have attached great importance to interpret its political significance. However, mere attention to its political significance is not enough. We also need to attach importance to its rule of law and legal significance. Because social contradictions in the field of law enforcement and judicial performance are concrete, the solution to the problem needs to rely on legal methods or legal thinking. In the absence of the rule of law under the background of the enlightenment, it is necessary to reform political sociology in the sense of the mode of rule of law and to shape legal dogmatic and legal sense of the rule of law. Legal dogmatics in the sense of the mode of rule of law is guided by the socialist core value, according to the construction of China＇s rule of law as the goal, on the premise of abiding by the laws and regulations, and with an emphasis on the respect for the rule of law enforcement and judicial. It is opposed to the absolute power, and advocates behavior main body to think like lawyers on the basis of expanding the rule of law.