论文部分内容阅读
关注并促成法治社会基础的形成与完善是实现法治的重要渠道。公众的法治观具有至关重要的作用。通过对某虚拟法域进行法社会学分析可知,人们有必要重新审视以下认识:法域中法规则效力并不绝对,除受制于民主因素外还受其他相关条件的限制;意思自治优先是有条件的,只有在特定条件下才不会引起公权力介入与干涉;执法者立场选择对法规则治理效果起着决定性影响,执法者应当遵循与法治发展阶段相协调的原则选择自己的立场。
It is an important channel to pay attention to and promote the formation and perfection of the social basis of law by law. The public view of the rule of law plays a crucial role. Through the sociological analysis of a virtual jurisdiction, we can see that it is necessary to re-examine the following: the validity of the law in China and France is not absolute, subject to other relevant conditions besides being subject to democracy; the priority of autonomous autonomy is conditional . Only under certain conditions does it not lead to the involvement of public power and interference; the choice of law enforcement position plays a decisive role in the rule of law, and law enforcement officials should choose their own position in accordance with the principle of coordination with the stage of development of law.