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当下中国正处在一个被韦伯称之为“祛魅”的时代,所有制度和传统都面临着被价值多元化与工具理性膨胀解构和重建的压力,由此而来的主流意识形态社会整合功能的不断弱化使得人们对于立法者基于主流法律意识形态而制定出的国家法律的效力表现出了深切的怀疑,对法律实施者依法而治的诚意产生了高度的质疑。然而,在“宗教文明秩序”或“道德文明秩序”蜕变为“法律文明秩序”的历史大背景下,②法律认同危机促使民众在概言“现实法律无用”、“法律之治不可行之于中国”而导致违法层出不穷、规避法律成为潜规则畅通无阻的同时,又从自身的经验出发,在法律现实与法治理想的差距中探寻着想象的法治景象,向往着他们
Nowadays China is in the era of what Weber calls “disenchantment.” All the systems and traditions are under the pressure of being deconstructed and reconstructed by the diversification of values and instrumental rationality. The resulting mainstream ideological society The constant weakening of the integration function has caused people’s deep doubts about the validity of the legislature’s national laws based on the mainstream legal ideology, and has raised a high degree of doubts about the sincerity of the law implementers in accordance with the law. However, under the historical background of “the order of religious civilization” or “the order of moral civilization” into “the order of legal civilization”, ② the crisis of legal identity urges the public to use the " While the rule of law is not feasible in China, which leads to an endless stream of illegal laws and circumvents the unspoken rules of evadement of laws. At the same time, it also starts from its own experience and explores the imaginary scene of the rule of law in the gap between the legal reality and the rule of law. Looking forward to them