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研究全面推进依法治国重大问题的十八届四中全会召开在即,各方对本轮司法体制改革、建立法治国家展开了诸多讨论,也抱有诸多期许。研究全面推进依法治国重大问题的十八届四中全会召开在即,各方对本轮司法体制改革、建立法治国家展开了诸多讨论,也抱有诸多期许。最近看到唐奖法治奖得主、南非宪法法院前大法官、南非新宪法(该宪法被视为当前最先进的宪法)的起草者奥比·萨克斯(Albie Sachs)的演讲,他说,“只有法条是不够的,我们的法治必须要能够体现出整个社会的所有人的价值。”奥比·萨克斯还提到,所有的法条都应该体现法治的基本态度,在司法判决中,还应该体现价值观。否则,我们会被法条统治。言外之意,法治的精神才是最重要的。
The Fourth Plenary Session of the 18th Central Committee of the CPC, which is studying the comprehensive promotion of the major issue of governing the country according to law, will soon be held. Many parties hold many discussions and have many hopes on this round of judicial system reform and the establishment of a state under the rule of law. The Fourth Plenary Session of the 18th Central Committee of the CPC, which is studying the comprehensive promotion of the major issue of governing the country according to law, will soon be held. Many parties hold many discussions and have many hopes on this round of judicial system reform and the establishment of a state under the rule of law. Recently I saw the speech by Don Winner of the Rule of Law Prize winner, a former Justice of the South African Constitutional Court and a drafter of the new constitution in South Africa, which is regarded as the most advanced constitution in the country. He said that “ Only the law is not enough, and our rule of law must be able to reflect the value of all people in society as a whole. ”" Obi Sachs also mentioned that all laws should reflect the basic attitude of the rule of law. In judicial decisions, Should also reflect the values. Otherwise, we will be ruled by the law. The implication, the spirit of the rule of law is the most important.