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古人说:“徒善不足以为政,徒法不足以自行”。权力与法作为国家控制社会的两种力量,总是在相互依存而又彼此冲突的二律背反中探寻着自己合适的位置。随着人类社会的文明和进步,达摩克利斯的权力之剑还是不断地让它的恶趋于它的善,“法律至上”的法治思想也日臻成熟而倍受推崇。权力他律与权力自律的双重凸现必将把权力引上为人类谋幸福的正轨。权力他律是指法律理性的制度化对权力所形成的制约。权力自律是指法律理性的人格化对权力所形成的制约。权力自律只有靠权力他律来保障,才能抑制人性所固有的弱点;权力他律也只有最终内化为权力自律,才能防止“恶法亦法”的法律工具主义的泛滥。人治社会人们对权力自律的彻底失望与法治社会人们对“法律至上”的极力推崇,难免会让人们走向另一个极端。在世界文明向法治社会推进的过程中,这是我们不得不思考的问题。
The ancients said: “not good enough to rule the government, not enough to practice their own law ”. As the two kinds of forces that the state controls the society, power and law always find their proper positions in the contradictory and contradictory antinomy. With the civilization and progress of human society, the sword of power by Damocles continues to make its evil tend to be good, and the rule of law in Law Supreme has also become increasingly sophisticated and respected. The dual prominence of power law and power self-regulation will surely lead power to the path of seeking happiness for mankind. The law of power refers to the legal system of institutional constraints on power. Self-discipline of power refers to the restriction of power caused by the legal personality. Only by the law of power can the self-protection of power restrain the weaknesses inherent in human nature. Only when power law finally becomes internalized as power self-discipline can we prevent the proliferation of legal instrumentalism. People rule society People completely disappointed with the power of self-discipline and the rule of law People’s “law supreme” highly respected, will inevitably lead people to the other extreme. In the course of promoting world civilization to the society ruled by law, this is a question we have to think about.