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守法、不服从与良心拒绝都是公民正义实践的重要表现形式。在一个良序社会中,公民通过守法的方式践行正义,守法作为公民正义实践的正面表现形式,有一个关键性的前提,即社会制度是正义的,它作为公民的一项自然义务与严格的服从相联系。但现实的情况要复杂得多,通常,社会制度整体上是正义的,但我们还会面临个别不正义的社会现象,此刻,作为公民正义实践反面举措的公民不服从与良心拒绝便显得尤为重要了。但需要注意的是,公民不服从需要特定的制度与主体条件,而当下,我国由于缺乏宪政传统,不具备公民不服从的制度与主体条件。因此,还不适宜鼓励与提倡公民不服从。但仅就理论而言,一旦我国法治制度成熟,公民具备现代群体主义的正义感,那么,面对非正义时,公民不服从便成了公民践行正义的重要表现形式。
Abiding by the law, disobedience and conscientious objection are all important forms of civic justice practice. In a well-ordered society, citizens practice justice through law-abiding methods. As a positive manifestation of the practice of citizen’s justice, there is a crucial premise that the social system is just as a natural obligation and strict as a citizen The obedience is linked. However, the reality is much more complicated. Generally speaking, the social system as a whole is just, but we also face individual and unjust social phenomena. Nowadays, it is particularly important for citizens who refuse to obey and conscientiously reject as a counter-measure to the practice of civil justice It’s However, it should be noted that citizens do not obey the need for a specific system and the main conditions, but at present, due to the lack of constitutional tradition, our country does not have the system and subject conditions that citizens disobey. Therefore, it is not suitable to encourage and promote civil disobedience. However, as far as theory is concerned, once the rule of law system in China is mature and citizens have the sense of justice of modern collectivism, citizens ’disobedience becomes an important manifestation of citizens’ practice of justice in the face of injustice.