For more than 40 years of reform and opening up，The concept of "rule of law" has been deeply rooted in people's hearts。Today's society，"rule of law" has become an openness、Sanity、Target concept，It first focused on expressing judicial operation、The descriptive characteristics applicable to the law are getting blurred。To avoid emptiness of the rule of law、slogan risk，Must clearly define its connotation and extension。

General Secretary Xi Jinping emphasized: "The Chinese law department source is far away，Chinese excellent traditional legal culture contains rich ideas of rule of law and profound political wisdom，Is the treasure of Chinese culture。To actively promote the creative conversion of the excellent traditional legal culture of China、Innovative development，Give the new connotation of the new era of the Chinese rule of law civilization，Stimulate booming and vitality。"" trace the source、Position Qingyuan，Looking back on the original intention and wish of Chinese traditional rule of law thinking，Use the rule of law thinking in the excellent traditional legal culture of China、The concept of the rule of law is fully and develops the concept of "rule of law"，It is the prerequisite for realizing the modernization of Chinese -style rule of law and deserved meaning。

　Bet365 app download

The rule of law as the corresponding concept and thinking corresponding to the "human governance"，It is the common choice of east -west philosophical wisdom。

In the history of Western legal thought，Aristotle is the first thinker to clearly propose the concept of the rule of law and discuss it in detail。He emphasized that "the rule bet365 best casino games of law should be better than the rule of one person"，And believes that the rule of law should contain two layers of meaning，That is "the formal laws have obtained universal obedience，The laws that everyone obey should be a good law "。The idea of ​​the rule of law has become the source of the idea of ​​modern Western rule of law。

At the same time or earlier，China in the Spring and Autumn and Warring States Periods，The legalist group that worships the law as a governing country is rising。Li Yan presided over Wei Guo's reform，and formulated the first Chinese text code "Dharma Classics"。Subsequent，Wu Qi change method、Shang Yang's reform also has a profound impact of the times，Among them, Shang Yang's reform laid a solid foundation for the establishment of the Qin Dynasty。Qin Dynasty died although the second generation，But in the form of legal form, the "car the same track、Book of the same article、Xingtonglun、Earth Same domain、Tong Heng、Coin Same "system cultural standards，It has left a deep brand in the history of the development of Chinese civilization。

It can be said，The theoretical doctrine of "how to rule the country" formed by the legalist in practice，Its height and depth are comparable to the idea of ​​the rule of law at the same time in the West。The so -called "soil and seeds without the rule of law in ancient China", "The Thought of the Law of the Legalists is essentially human governance"，Division of the connection between Chinese contemporary rule of law and traditional Chinese legal culture，It is a manifestation of lack of cultural self -confidence。

　The Thought of the Law of the Law of the Law of the Law is formalist characteristics

French understanding of the nature of the law，Frequently linked to the measurement equipment。"Size also、Rope ink also、Regulations also、Douhu also、Corner volume also，The method of predicate bet365 Play online games "，It is intended to emphasize the standard of the law itself、Objective，and equality of the law、integration and fairness。

In terms of legal value，The legalist emphasizes that the law is for the overall interests of the country、The fundamental interest service，Social members at all levels including the king，All should obey the law。The so -called，"If the man of the husband is orderly, he will be abolished，Laws and decree and privately abandoned。The private one is so chaotic "。This indicates that the legalist understands the law in form，Fully follows the literal meaning and meaning of the law、Law Enforcement and Justice，No personal opinions and personal understanding are allowed，Do not consider and judge the purpose and motivation behind the legal behavior。

Cases of "Classic Dian and Crown" during the Han Zhaohou period，Compared with the stance of the legalist understanding of the law and the objective crime of crimes。"Han Zhaohou is drunk and sleeps，The Crown Crown Seeing Jun Zhi also，Therefore, add clothes above the king。Speaking of Skills，Ask the left and right, ‘Who adds clothes? ‘Sports to the left and right:‘ Dian Crown ’。Jun Yin and Crown Crown。Its sinful clothing，I thought it would be lost，The crown of the sin，I thought I am more than my job。Non -bad cold also，Think that the harm of an officer is more than cold "。In this case，The clothing is not in time for Han Zhaohou，It is a negligence; although the Dian crown is good at Han Zhaohou and Jiayi，but belonging to Vietnam，So I am also punished。

Han Zhaohou thinks，Standards for officials，It depends on whether officials are strictly based on the responsibilities of statutory positions，This is the same as the concept of "administration according to law according to law" with modern administrative law。Behind the seemingly mechanical understanding bet365 live casino games of the law，It indicates that the legal concept of the rulers of the vassal states during the Spring and Autumn Period and the Warring States Period has reached a high level。General Secretary Xi Jinping emphasized，"Law is social life、Standards of the State Governance "of the rule of law，This is exactly the development of traditional Chinese rule of law thinking。

　　The improvement and correction of the rule of law

Differential delays due to legal text、Vagueness of the edge of the concept、A single nature of the value of the provision，The absolute understanding of the law and the rule of law will lead to many problems，For example, the decline of the initiative of the judge and irresponsibility。So，At the end of the Warring States Period and the Qin Dynasty's "Sleeping Tiger Qin Jian · Legal Answers", it has got rid of the rigidity of the law、Mechanical understanding，For social development、The complex situation caused by changes in the times and the situation of the situation is flexibly handled，To a certain extent, the purpose of the criminal actor、Motivation, etc. Incident in legal evaluation factors。This progress still belongs to the improvement of form explanation itself，That is, not seeking logic other than law，but pursue the inherent meaning in legal text，Explanation of law and facts within the scope of semantic range。

In the Western Han Dynasty, the Emperor Wudi of the Western Han Dynasty "stopped Baijia，Independent Confucianism "after，The "Spring and Autumn Period Prison" system emphasizes "original mind theory"，Introducing external resources such as Confucian Scriptures into legal interpretation，The form of legal understanding is deconstructed，The law has lost its independent space and status。The highest judicial official of the Han Dynasty，Du Zhou and Zhang Shizhi of the Emperor Bet365 lotto review Hanwen during the Emperor Hanwu，The concept of the rule of law is completely different。Strict law enforcement of Zhang Shizhi, the captain of the early Han Dynasty，In the "Case of Criminal Case", rejecting the request of the Emperor Hanwen severely punished the perpetrator，Profitting to break crimes in accordance with the law。and Du Zhou faced the "Do not follow the three -foot method，Criticism that specializes in people's minds as prison，Then he pointed out without a look: "Three feet are safe? The former master is the law，The post the Lord is sparse，At that time, it was，He Gu's method? "Since then，Laws should be diluted by regular consciousness，Who does the law protect the interests、The law is the core concern of the legal interpretation of the law.。

For "Fajie Multi -Gate，Delivery is different "，Liu Song Shang Shu, who was in charge of the Central Justice of the Emperor Hui of the Western Jin Dynasty, criticized the original mind of the original mind、The hazards of seeking good outside the law，Emphasized law enforcement、The importance of the judiciary strictly observed the understanding of the legal form，That is, "Falun desire will be worshiped，Therefore, the Lord will keep the text "。He first proposed the principle of sin in Chinese history for the first time in Chinese history，"Law Broken Crime，All the text of the law of law，If there is no text，Depending on the name of the name break，The name of its text is too late，Don't talk about it "。This principle is not only recognized at the time，It is also inherited by later generations。In the "Tang Law Discussion", "All sin must have a rhythm、Order、grid、style text，违 笞 Thirty regulations，It really originated from this。until the "Great Case"，"The Text of the Format Format of the Criminal Crime" is still a manifestation of the judge's negligence。

　The history of the rule of law in accordance with the law has a long history of the rule of law

As far as the way of governing the country and governing the country，The rule of law of rule of law in accordance with the law has a long history in China，"Shou Wen" is the basic requirement of the concept of traditional rule of law。

770 BC，King Zhou Ping moved the capital from Hao Jing to Luoyi，The ritual system with Zhou Tianzi began to collapse，The order of the world is chaotic。In the fierce hegemony war between the vassal states，The value and role of the law are increasingly valued by the ruling class。The story of the "Maomen method" during the Chuzhuang King period，The prince who was smashed by the car was crying and asked to kill the strict law enforcement.，The answer of King Chuzhuang is，"Dharma，So Jingzong Temple，Zun She。Therefore, those who can be legislated to respect the society，The Minister of the Society also，焉 也 也 也? "If you are loud，It reflects the law first and "Don't be close to，，One breaks into the law of the rule of law。Subsequent，The story of Sun Wu killed Wu Wang Pafe and Shang Yang Migrant Mi Lixin，All reflect the usual view of the rule of law in the legalist school -regarding laws as fixed scores、The only objective standard for standardized social behavior，That is, "There are no two mistakes，Political Two Gate。Govern the country according to law，Only measures "。

If the Spring and Autumn Period of the Han Dynasty is regarded as the beginning of Chinese law Confucianism，From the Spring and Autumn and Warring States Periods to the Qin and Han dynasties，China has at least 500 years of "governing the country according to law"，It has rich concepts and ideas of the rule of law with the form of "defending text"。

"The world's things，It's not difficult to legislate，It is difficult to do "，General Secretary Xi Jinping emphasizes the focus and difficulty of the current rule of law construction in the implementation Bet365 lotto review of the law，How to turn "law on paper" into "law in action"。In this regard，The legalist as the first school in Chinese history as a school，Its theory of the rule of law and the practice experience of governing the country and governing the country，It is undoubtedly worthy of our reference and inheritance。

　(the author is a researcher at the Institute of Law of the Chinese Academy of Social Sciences)