As a rule of rule of law
June 12, 2019 09:28 Source: "China Social Sciences" June 12, 2019 Total No. 1711 Author: Qian Hongdao

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In a new round of reform in China,The rule of law is used as a basic governance method,The key to becoming modernization of governance system and governance capabilities。"Control Public Rights" and "Protection of Protection" has become a common understanding of the rule of law in the academic community,"Good Law" and "Good Governance" have become the goal of the Chinese Communist Party leading the Chinese people。This shows that major transformation has occurred in Chinese society since the reform and opening up,It also shows that Chinese leaders work hard to change China's ambitions。In China's rule of law discourse system,We can summarize the interpretation of the rule of law with the largest common divisor: the rule of law is a target with good governance、Basic governance methods based on the premise of effective control of public rights and protection of private rights。In this definition of the rule of law,There are three keywords: governance method、Good method、Shan Zhi。The rule of law is the rule of good law、control of control、Treatment of Protection Rights。The basic work of the Chinese Law Practice School is the core content of controlling public rights and protecting private rights,A series of practical activities that affect major changes in Chinese society,Promote the achievement of good treatment,and form a theoretical system based on the practice of Chinese practice。

 The rule of law is a way of governance

If we filter out the connotation of all the rule of law,The last left is the "one governance method"。The rule of law is a concept,It is a kind of practice。The concept of the rule of law is a common common phase formed by the abstraction of the rule of law,A series of concepts that reflect the internal requirements of the rule of law、Belief、Ideal and value。The practical dimension of the rule of law lies in,It is a basic governance method。As a way of governance,The rule of law must be specific、Live。Big to national bet365 Play online games policy、The formulation of the law,Small to an ordinary case,Even the words and deeds in a person's life,We can all find the logic of the rule of law from it and all other content related to the rule of law。

In 1997, the 15th National Congress of the Communist Party of China established the "basic strategy" of "governing the country according to law" for the party leading the people to govern the country.。In 2012, the 18th National Congress of the Communist Party of China proposed to "comprehensively promote the rule of law",Emphasizing that the rule of law is the "basic method" for governing the country and governing the country。"Basic Pharmaceutical" refers to the policy of taking the overall situation、Strategy; "Basic Method" is the specific expansion of the "basic strategy",refers to the basic method、style。The rule of law and German governance are the ways of governance in China today。To the grassroots society,Add a "autonomy",It becomes the "autonomy determined by the 19th National Congress of the Communist Party of China、rule of law、Dezhi "is a basic way for grassroots governance in China。"Autonomy、rule of law、Dezhi "has also become the main innovation content of" Maple Bridge Experience "。"Maple Bridge Experience" Since the beginning of Mao Zedong's instructions in the 1960s,Methods that have been regarded by the official and academic circles as grass -roots to resolve contradictions with Chinese characteristics。to this day,"Maple Bridge Experience" is given the connotation of the times,It is considered a typical sample of grassroots governance in China,Known as the new era "Maple Bridge Experience"。

  The rule of law takes good governance as the goal

"Good" and "Good Zhi" have always represent a realm of idealism。Leaving "Good",Human thought has no soul; leave "good rule",Human governance loses the goal。Chinese wise men speak "good",Western wise men also talk about "good",Religion also talks about "good",No exception。Where is Lao Tzu in Chinese sages,All the concept of unity is "Tao"。What is "Tao"? Lao Tzu said "Tao" too Xuan,Unclear explanation,Therefore, use "water" to speak。Bet365 lotto review If you want to find a thing in the world to describe "Tao",The most suitable thing should be water,Water "Several Tao"。"Lao Tzu" Chapter 8 said: "Shangshan Ruo Shui,Water Shan Zhishan everything but not dispute,Everyone's evil,Therefore, it is too much in the road。Residence,Heart Shanyuan,and Shanren,Yan Shanxin,politics and good rule,Good ability,When doing good。Fu only does not fight,So there is no particular。”

If you want to find something in the world to describe "good",This thing is water。If a government can "wash the group like water,Pingzhong down ",That is an ideal "good governance" realm。Where in Plato in ancient Greece,The concept of "good" at the top of the pyramid。The highest pursuit of city -state is the real concept world,is "Masterpiece"。This is the "good rule" or "ideal country" of Plato。Plato uses the "son of good" -the sun to metaphor "good",metaphor of the concept of "good"。People are due to the light of the sun, only the eyes make the eyes have a visual ability,See the individual things in the world; no sun,What I see is a dark。The sun not only makes the objects seen can be seen,and also cause them to produce、Growing and getting nutrition。So,The sun is the son of "good" or "good",It's like Lao Tzu "Tao"。Plato thinks,Good itself is not real,Instead, it is higher than real status and ability: "This object given knowledge is based on truth,The subject given to knowledge with the ability to know the ability,is the concept of good。It is the reason why knowledge and knowledge。Truth and knowledge are beautiful,But the concept of good is more beautiful than these two。Just as we can treat light and vision as if the sun instead of the sun,We can regard truth and knowledge as good as good,But you can’t see them as good as good。”

Good rule is the ultimate purpose of any political system。According to Plato、Lao Tzu and other thinkers understand,Good is the supreme,Is more than democracy、rule of law、The concept of freedom is more unified。Good is justice、Democratic、rule of law、Freedom, etc. Bet365 lotto review All the sources of pursuit,Goodness is the total exchange of these values。From this,Shan Zhi is also a more universal concept。Comparison of comparison,Democracy and the rule of law are much more specific than good governance。Democracy and the rule of law are the specific good governance that can be seen in detail。If you must define the next definition,So I would rather draw Lao Tzu、Plato、The thought of Aristotle,Under the guidance of the concept of "Dao" and "Good",Putting good rule in a wider sense: Shan Zhi is based on the well -being of human beings、The governance process and state of governance in democracy and the rule of law。Shanzhi has abstract "beauty",The rule of law has a specific "bone sensation",The rule of law is a specific practice of good governance。We define the rule of law as the goal of good governance,Actually it reflects an idealism。Chinese Law Practice School is a combination of idealism and practicalism。Good governance goals can reflect the idealist feelings。As a scholar,Leaving the best realm of human well -being,The guidelines for rational sources and wisdom in the lack of academic planning,Lack of pattern and idealism。

  The rule of law is based on the good law of effective control of rights

"The law is the heavy device for governing the country,Good method is the premise of good rule。"There is no good method,Shan Zhi does not exist at all。From Aristotle proposed, "The law that everyone obey should be a good law in itself" to this day,Good Law as the prerequisite for the rule of law,Plustering does not break。The question is,What is good method?

One is "Control"。The real good law needs to show its control of power。The rule of law that cannot control the power is not a real rule of law。We said today that the power is located in the "cage of the system",In the sense of "control", preventing power from leaving the cage and hurting people。"Cage" is the law,is the system。Sometimes power is indeed like a beast,Will hurt people to eat people。Beast nature reflected in the abuse of power,At the same time, it also shows the animal nature bet365 best casino games of humans as animals。Marx said: "The fact that human beings originated from the animal world determine that humans can never get rid of the animal nature。"Aristotle said,Let a person be ruled,It is tantamount to adding "Beasts" in politics。The law is the animal nature reflected by the control of government officials when the government official abuses power。

The second is "protection right"。About rights issues,Natural Law School、In -depth discussion、Social Law School and other schools have long been on the theoretical level、In -depth discussion。Chinese rule of law practical school pays attention to observing the objective facts of violations of the rights that have occurred in Chinese practice,Design possible protection system,Reconstruction theory of rule of law, including rights protection。How to solve the problem that the rights that occur in the practical field of rule of law in China in China,This is a feature that Chinese rule of law practical school pays attention to problem -oriented。

Third is to control and protect "effective"。Law is the allocation of public rights and private resources,is a game process for public rights and private rights,Controlling public rights and protecting private rights to reach the ideal state of the rule of law。Is the law valid,​​Answer to the implementation of the law and scientific evaluation。The rule of law of the rule of law and practice of the concept cannot be confused after all,Just like Kant divided happiness into "the happiness of meditation" and "the happiness of practice",The rule of law of the concept is manifested as a concept of rationality,Practice the rule of law is manifested as specific actions。Effect of the rule of law,Not thinking about delusions,but the objective level of public rights control and private rights protection in practice,It can be perceived by the audience of the rule of law,is a third party that can be evaluated。The rise of the rule of law evaluation activities in China,It is a logic inevitable for the development of the practice of the rule of law。The evaluation of the rule of law should run through all the processes Bet365 lotto review that run through the practice of rule of law,It should penetrate all aspects of the practice of rule of law。Chinese rule of law practice school special attention to legal control public rights and whether the protection of private rights is valid,Special attention to the practical effect of the theory of the rule of law in China,Special attention whether the theory can guide the practice of Chinese rule of law。

  Chinese Law Practice School reflects a spiritualist spirit

From time to time,,Although the concept of Chinese rule of law practical school starts from the practical activity of the rule of law evaluation,But from a larger perspective,Chinese Law Practice School has been born since the reform and opening up in China.。The reason why Chinese rule of law practice is great,It is because of the fundamental change of traditional governance method in the fundamental sense,Because China does not want to use Western governance methods。How to design the Chinese rule of law plan,How to advance the practice of Chinese rule of law step by step,How to use the theory of practice innovation,This becomes a huge problem faced by Chinese society in the transition period。This problem is to all Chinese people,The legal person is even more righteous,So,The emergence of the Chinese rule of law practice school is inevitable。

A distinctive feature of the Chinese rule of law practical school is to emphasize practice,Turn the feelings of idealism into specific action,This can be called the spirit of practicalism of the practice of Chinese rule of law。Chinese rule of law practical school attaches importance to "should",But emphasizes "in fact",Emphasize the turning "the rule of law of ideas" into "the rule of law of practice",Turn "the ideal of the rule of law" into "the reality of the rule of law"。Chinese rule of law practice school is not verbal preaching、Talk on paper,Instead, it focuses on the specific rule of law practices that occur in China every day,and directly participate in the practice of rule of law,Become an important force to promote the development of the rule of law in China。The growth of the Chinese rule of law practice school is like a person's practice,The principle of practice is not good,It must be cultivated,Then practice Zhuangzi'bet365 Play online games s "sitting forgetting",It is necessary to cultivate the "ring、Ding、Hui "Sanwu Leak Learning,Otherwise, talk about soldiers on paper for a lifetime,Just understand a little practice knowledge。The same is true of jurists,On the one hand、Righteousness and academic ideals,On the other hand, we must turn your academic ideals into actions to dedicate society,Turn "Happiness of Meditation" into "Happiness of Practice",This is the spirit of the "integration of knowledge and action" inheriting Wang Yangming。

(The author is a professor at Guanghua Law School of Zhejiang University)

Editor in charge: Cui Cen
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