国家治理现代化视阈下的法治思维论

On the Thinking of the Rule of Law from the Perspective of National Governance Modernization

法治化是国家治理现代化最主要的衡量标准。当前,法治已成为治国理政的基本方式,因此有必要有意识地进行法治思维的培育和养成。法治思维是运用法治分析问题、运用合法性与正当性来看待和解决问题的,以法律社会规则为基准的逻辑化的、理性的思维方式。法治思维是“良法”思维、“合法”思维、“合理”思维,可以通过培植现代法治信仰、坚持宪法和法律至上的理念、深化法治思维的文化建构、完备法律规范体系四个方面培育和养成法治思维。

The rule of law is the most important standard of the modernization of national governance.At present,the rule of law has become the basic way of governance,so it is necessary to cultivate the thinking of rule of law consciously.The thinking of the rule of law is a set of logical and rational thinking mode based on the social and legal rules,which uses the rule of law to analyze problems,and uses the standard of legitimacy to treat and solve problems.The thinking of the rule of law is the thinking of"good law","legality"and"reasonableness".We can cultivate and develop the thinking of the rule of law from four aspects:cultivating the modern belief in the rule of law,adhering to the concept of the supremacy of constitution and law,deepening the cultural construction of the thinking of the rule of law,and perfecting the system of legal norms.