个案影响法治的内容、方式与超越

Influence of Individual Cases to Law Governance:Content,Method and Transcendence

随着新媒体技术及公民民主权利意识的提高,对现有法治造成深远影响的热点案例时有发生。个案在法治的建构、维系和变迁等方面日益渗透。文章以社会典型个案为论据,分析个案与法治互动调适的内容、方式,厘定在个案影响法治的场域中,应保持话语的开放性、内容的可讨论性、过程的可观察性和效果的可检验性,实现民意与制度的超越,促进依法治国、深化司法体制改革等法治目标的实现。

With the improvement of new media technology and democratic rights of citizen's awareness,the hot individual cases which made far-reaching impact on the existing rule of law has occurred occasionally.The individual case has posed increasing penetration into the construction,maintenance and transformation of law governance,it's saying that the law is the soil of the case and the case is the wind vane of the law.When we take a typical case as evidence,analyzes content and mode of interactive adjustment between case and law,clarify how the case influence law,we should maintain the openness of words,make availability of discussion of content,observation of process and examination of effectiveness,assurance of ration and rethinking of people,society and government,and realize the transcendence of public opinion and system,promote the governance by law,deepen the reform of the judicial system etc,as goals of law governance.