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法治权威是依法治国的前提条件。而这种权威性来自相互联系的三个方面:一是法治内容根源于社会历史发展规律,经过神圣化的形式使民众对它产生至高无上的神圣感,从而占据意识形态的制高点。在当代中国这就是法律必须符合中华民族伟大复兴的中国梦的客观要求。二是扎根于对社会传统习惯认同的世俗基础,即符合由民族历史进程所形成的社会成员的心理结构与行为模式,使民众对法律产生认同感。三是来源于法治实践者行为的威信力,即法治实施者在立法、司法、执法行为中严格地用法律规范自己与他人的行为,使民众对法律有敬畏感。在当代中国,这又必须以从严治党为前提。上述三者恰好构成中国哲学的“天、地、人”三个方面,它们相互结合而形成一个整体,构筑起法律与法治体系的权威性。
The rule of law authority is a prerequisite for governing the country according to law. And this authority comes from three aspects of mutual relations: First, the content of the rule of law rooted in the laws of social and historical development, through the sacred form so that people have a supreme sense of sanctity, so as to occupy the commanding height of ideology. In contemporary China this is an objective requirement that the law must meet the Chinese dream of the great rejuvenation of the Chinese nation. Second, it is rooted in the secular basis for the recognition of traditional social traditions, that is, it is in conformity with the psychological structure and behavior patterns of the members of the society formed by the historical process of the nation so that people have a sense of identity with the law. Third, the prestige derived from the practice of the rule of law, that is, the rule of law implementers strictly regulate themselves and others in lawmaking, judicature and law enforcement behaviors so as to make the people feel awe of the law. In contemporary China, this must be preceded by a strict administration of the party. These three just constitute the three aspects of Chinese philosophy: “heaven, earth, and people”. They combine with each other to form a whole and build the authority of law and the rule of law system.