法治中国视域下法律实施的局限性及其克服

Limitations of law implementation under the vision of rule of law in China and its overcoming

法律实施对于全面推进依法治国方略、建设法治中国具有重要意义。受立法自身固有特性和社会变化的影响,法律具有逻辑性、科学性和模糊性之特征。法律的生命在于实施,法律实施过程中因其内在的局限性,常遇到法之以外的案件难以解决。因此,应当重新检视执法、司法和守法的局限性以寻觅法律实施之症结,捍卫法律的权威并予以法治化解。

The implementation of law is of great significance for promoting the rule of law and building a China-Influenced by the inherent characteristics of legislation and social changes,the law has the characteristics of logic,science and fuzziness.The life of law lies in the implementation,the process of law implementation because of its inherent limitations,often encountered outside the law of the case is difficult to solve.Therefore,the limitations of law enforcement,justice and compliance should be re-examined in order to find the crux of law implementation,safeguard the authority of law and resolve it by the rule of law.