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人们对法治普遍怀有美好的期待,但法治究竟能够给人们提供什么,法治的实现是否就意味着某些人们珍视的价值的实现,人们对这些问题的答案是模糊且含混的。本文试图以人们对法治的期待为视角,对法治进行概念分析。首先提供一幅相对完整的期待系谱,这其中从“薄”到“厚”依次对“法治而非人治”的理念、形式法治以及实质法治铺陈开来,试图解释人们含混的期待背后的法治涵义的复杂性。并在此基础上探究如下问题:我们能否对什么样的期待是相对理性的这个问题达成共识?我们的期待在这个系谱中应该处于什么位置?满足了要求的法治究竟能给人们带来什么价值,或者其本身具有什么价值,以及我们“理性的期待”的具体内容是什么?最后,我们还需要对法治能在多大程度上实现作一番探讨,对理性期待的探索不仅需要对法治内涵展开分析,且对实践中可能遭遇到的困难也要有所重视。
People generally expect good expectation of the rule of law. But what exactly can the rule of law provide to people? Whether the realization of the rule of law means the realization of the value cherished by some people? The answer to these questions is ambiguous and ambiguous. This article attempts to conceptualize the rule of law from the perspective of people’s expectations of the rule of law. First of all, to provide a relatively complete expectation pedigree, which from the “thin” to “thick” followed by the “rule of law rather than rule of man” concept, the rule of law and the real rule of law in order to explain people ambiguous The complexity of the rule of law behind the expectations. And on this basis, we should explore the following questions: Can we reach a consensus on what kind of expectation is relatively rational? What position should we expect in this pedigree? What can we do to satisfy the required rule of law? What is the value, or what value is it in itself, and what is the specific content of our “rational expectation”? Finally, we also need to discuss to what extent the rule of law can be realized. The exploration of rational expectations requires not only Analysis of the connotation of the rule of law, but also pay attention to the difficulties that may be encountered in practice.