论文部分内容阅读
法治之“软”当属意识层面,法治软实力构建应为法治软环境治理之必备;法治之“硬”体现为制度与机制,六十年历史可分两段,1949—1978与1979—2009;以经济为参照,前一段为计划经济,后一段是市场经济;以法为标准,乃法制与法治之分野。建国以来,立法成绩辉煌,法律制度日渐完备,但是国民的法治理念与法治意识并没有到位,本文从法治意识、宪政理念、“以人为本”法治观三方面为切入点,论述了我国国民的法治理念、法治意识、法律精神之缺失是为法治建设之瓶颈。
The “softness” of the rule of law belongs to the level of consciousness. The construction of the soft power of the rule of law should be the necessary condition for the rule of law in the soft environment. The “hardness” of the rule of law is embodied as the system and mechanism. There are two stages in sixty years of history, 1949-1978 And 1979-2009; the economy as a reference, the first paragraph for the planned economy, the latter part of the market economy; law as the standard, the legal system and the rule of law. Since the founding of the People’s Republic of China, the legislative achievements have been brilliant and the legal system has been gradually improved. However, the people’s concept of the rule of law and the awareness of the rule of law are not in place. From the perspectives of the awareness of the rule of law, the constitutional philosophy, and the “people-oriented” concept of the rule of law, The concept of the rule of law, the awareness of the rule of law and the absence of the spirit of the law are the bottlenecks in the construction of the rule of law.