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法治是现代社会普遍的追求,但法律是否万能,如何理解法治的内涵、法治与道德的关系、法治与人治的关系等等,仍是需要探讨和重新认识的范畴。借对尚九玉、尚九宾博士提出的自由裁量权的存在而导致法治状态下人治因素的存在,以及法治不排除人治的观点的磋商和分析,旨在为人们认识真实的法治提供一种现实和有意义的思维视角。
The rule of law is a common pursuit in modern society. However, whether the law is omnipotent, how to understand the connotation of the rule of law, the relationship between the rule of law and morality, the relationship between the rule of law and the rule of man is still a category that needs to be explored and re-recognized. By discussing the existence of the rule of law under the rule of law and the viewpoint that the rule of law does not exclude the rule of man by the existence of the discretionary powers proposed by Shang Jiuyu and Shang Jiubin, this article aims at providing people with the understanding of the real rule of law Realistic and meaningful thinking perspective.