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法治的形式构造是一个由法律规范构成的法律体系、制度体系和多主体参与的行动体系及价值体系、运作体系构成的有机整体。其中,公平正义是法治的价值理念,法律体系是法治的制度构建,法律行动是法治的交往互动机制,正当程序是法治的权力规范机制,司法独立是法治的权力制衡。只有综合协调地同时发展五个方面,才能真正构建起法治的国家和社会。
The formal construction of the rule of law is a legal system composed of legal norms, an institutional system and an action system and a whole organic whole consisting of a system of values and operation. Among them, fairness and justice are the values of the rule of law, the legal system is the construction of the rule of law system, the legal action is the interaction and interaction mechanism of the rule of law, the due process is the power normative mechanism of the rule of law, and the judicial independence is the check and balance of power of the rule of law. Only by comprehensively and coordinated development of five aspects at the same time can we truly build a country ruled by law and society.