论法律反馈

A Study on the Legal Feedback

法治与社会生活始终处于双向互动中,法治保障社会生活的有序展开,社会生活也为法治愿景的实现提供丰富的资源。法律反馈作为法治的具体环节,不仅能对法治的实施效果进行评价,还能由此发现、吸收、整合社会生活中的法治资源,使法治保持开放姿态,具备反思品质。法律反馈作为法治建设的具体环节,不是仅通过学理构建起来的,而是因法治建设的内在需要而逐步形成的,并沟通法律效力与实效以及法治的各个环节。法律反馈作为整合法治资源的机制,不仅对法律规则与民间规则进行整合,而且还能"超越法律",对法律规则与社会生活进行整合,为法治积蓄足够的实践性因子。

The rule of law and social life are always in a two-way interaction,the rule of law could ensure the orderly implementation of social life,and the social life also provides abundant resources for the realization of the vision of rule of law.Legal feedback is a specific aspect of the rule of law,not only can evaluate the implementation effect of the rule of law,but also could discover, absorb and integrate rule of law resources in social life,allowing the rule of law to keep an open attitude and with reflection quality.Thereby it is possible to carry out theoretical analysis for the rule of law from two dimensions of the legal feedback,namely a mechanism as a specific aspect of the rule of law and integration of legal resources.Legal feedback as a specific aspect in legal construction,is not only simply constructed by the theories,but gradually formed by the inner needs of the construction of rule of law which links the various aspects of legal effect,substantial result and rule of law;legal feedback as a mechanism of integrating legal resources,it not only integrate legal rules and folk rules,but also could beyond the law to integrate social life rules and accumulate enough factors for the rule of law.