论法治信仰的生成逻辑

Logic in the Formation of Faith in Rule of Law

法治应当被信仰,这是法治社会建设的最基本遵从。法治信仰是法律信仰的拓展与升华,它摆脱了对法律最直观的外在依赖,上升为超越法律本位的理性追求,进而深置于灵魂深处,并让人甘愿为之付出。法治信仰的形成不仅有独特的情感之源、动力之源、超越之源,还有能体现出对生命终极意义的人文关怀。经历法治认知、法治情感、法治意志、法治信念的历练,法治信仰逐渐在主体内部变成内心的一种坚守。法治信仰的生成有自身的规律性,信仰对象生成是法治信仰的逻辑起点,信仰内容生成是法治信仰的载体,而信仰的人格生成则是法治信仰价值的实现。制度设置的正义性、公权行使的合法性、法律职业的事业性和公民权利意识的自觉性则为法治信仰的生成提供外在保障。

Rule of law should be believed by citizens, which is the basic requirement for the construction of a law-based society. Belief in rule of law is the extension and sublimation of the belief in law, for it has transcended the concrete external dependence on the law and become an internal rational pursuit for order and j of th ustice, which is firmly rooted in one＇s mind and is a source of his willing obedience to law. The formation e belief in rule of law is not only based on its unique source of emotions, source of power, source of transcendence, but also shows a humanistic concern for the ultimate meaning of life. After sufficient experience of rule of law in terms of cognition, emotion, will, and belief, the belief in rule of law will gradually take root in one＇s heart and become a firm faith. The formation of such a faith will follow this pattern： the establishment of the object for the belief is the starting point in logic; the contents of the belief is the vehicle for such a belief; and the formation of the character of the believer concerned is the realization of the value of his belief in rule of law. Additionally, the justice in the legal system, the legitimate exercise of public power, the professionalism of the legal personnel, and a good sense of rights are the external guarantees for the formation of belief in rule of law.