依法治国必须弘扬正义法精神

The Rule of Law Via Enhancing the Spirit of the Law of Justice

由依法治国、依法治省到依法治市 (县、乡 )的全面依法治理 ,标志着中国已经实现了治国方式的重大转型。然而 ,由于对法治精神与原则把握和贯彻上的误区和障碍 ,却出现了工具主义、实用主义和懈怠主义倾向 ,使依法治理严重偏离法治目标。为此 ,必须对法治条件下的正义法精神予以重申和弘扬。这种体现时代要求的正义法精神 ,在价值导向上 ,以自由和平等为至上关怀 ;在规范形式上 ,以权利本位为基本模式取向 ;在制度理想上 ,以民主化法制为目标追求。只有弘扬正义法精神 ,才能克服依法治理过程中的不良倾向而使其沿着正确轨道走向法治 ,也才能实现法律规范体系与法的时代精神的耦合 ,从而建立起内在自觉、普遍有效的理性法治秩序 。

Comprehensive rule of law from the national level to the provincial level to the county level signifies a major transition of the mode of administering the country. However, due to the frustrations and hindrance in the understanding and implementation of the spirit of rule of law, there has appeared trends of instrumentalism, pragmatism, and relaxation which cause the rule of law seriously deviate from the objectives of the rule of law. Thus, it is imperative that the spirit of the law of justice be emphasized and enhanced. This spirit of the law of justice, which embodies the requirements of the times, places freedom and peace as top priority in value-orientation, takes the standard of rights as basic pattern-orientation in the normative forms, and pursues the democratic legal system as its goal in the system and ideals. Only through enhancing the spirit of law of justice can inappropriate tendencies be overcome in the course of rule by law and ensure that it keeps on the right track towards the rule of law, so that the legal regulation system and the legal spirit of the times will fit together. Thus an inner, generally effective order through rule of law can be established to promote an earlier establishment of a country through rule of law.