摘要
只有把握法治的整体意识才能理解法治的真实意义 ,而哲学的法理学是把握法治整体意识的重要途径。法治整体意识的要点是 :法律存在是最低限度的法治 ;法律约束具有普遍性 ;普遍的法律约束具有以公共权力为后盾的强制性 ;法治的实质就是约束公共权力 ;倡导合道德性的良法统治 ;建设私法主治的社会主义法治社会 ;维护个人的自由与尊严 ,保障个人的利益和幸福 ;区别人的道德世界和功利世界。
Only when we look at the conception of rule of law as something integrated, can we understand its real meaning. An important way for us to do so is to consider it from the perspective of the philosophy of right. The integral conception of rule of law consists of the following major points: the existence of law is the minimum basis for rule of law; law binding is universal; the universal binding law, backed by public rights, is mandatory; the essence of rule of law is to restrain public rights; we should advocate governance by morality-based laws; we should build a socialist rule-of-law society with self-governance as the main trend; we should safeguard individual freedom and dignity and assure individual interests and well-being; we should distinguish between human beings' moral world and utilitarian world. Of all, to restrain public rights plays a core role in the integral conception of rule of law.
