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作为两种被世人广泛认可的价值,法治与民主虽具有不同的理论起点和实现路径,但皆以保障人民权利和尊严为目标。在今天,法治本身就内含了民主的内容,法治思维也是对这一理念的内化和贯彻。立法是民意的最大载体,政府及具体国家公权力行使者对守法主义的贯彻和坚守是对民主价值的有力践行。在法治的具体实践中,法律修辞在法律的可争辩性领域借助于特定的方法和技术为执法者设定了自我反思和自我约束的机制,以此为基础探寻经过理性检验的共识,使法治思维的民主价值通过法律专业途径得以实现。
As two widely accepted values of the world, the rule of law and democracy have different theoretical starting points and paths of realization, but all aim at safeguarding people’s rights and dignity. Nowadays, the rule of law itself contains the content of democracy. The rule of law thought also internalizes and implements this idea. Legislation is the largest carrier of public opinion. The implementation and perseverance of the law-abiding by the government and the public-power rulers in specific countries are the effective implementation of the values of democracy. In the concrete practice of the rule of law, the legal rhetoric establishes the mechanism of self-reflection and self-restraint for the enforcer by means of specific methods and techniques in the field of law’s arguability. Based on this, the legal rhetoric explores the consensus that has been rationally tested so that the rule of law The democratic value of thinking can be achieved through legal profession.