摘要: |
习近平法治思想蕴含着丰富而深邃的法治法理思想,并形成了思想深刻、内容完整、体系宏大、逻辑严密的法治理论体系。该理论体系具体包括法治概念论、法治本质论、法治目的论、法治精神论、法治规范论、法治体系论、法治方法论、法治教育论、法治信仰论、法治自信论、法治文化论等。前五论阐明了法治内在与外在的理论与制度的本体问题,概念论阐释法治是什么,本质论诠释法治的政治方向与定位,目的论解决法治的意义与归属,精神论阐明法治的灵魂何谓,规范论则为作为理想、理念、价值的法治找到安身立命的制度载体。因此,前五论关乎法治的内在道德与外在规范以及相互之间的内在联系与原理。后六论阐释了法治的全过程、全领域的运行过程及其规律,解决法治的目的、精神、本质、规范何以实现以及怎样实现的战略、战术与策略问题: 体系论确立了法治建设的目标与法治运行规律,方法论解决了法治战略目标如何实现的路径、方法、方式问题,教育论解决了法治何以使人尊法守法用法的问题,信仰论解决了人们对待法治的根本道德态度、道德习惯与道德义务问题,自信论解决了人们对待本国法治的信心与内在认同问题,文化论阐释了法治的意识形态构成与人文精神积淀。 |
关键词: 习近平法治思想 法治概念 法治精神 法治规范体系 法治信仰 法治十一论 |
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基金项目:教育部人文社科重大攻关课题“构建中国特色宪法监督理论体系研究”(批准号: 23JDZ025) |
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On the Theoretical System of the Rule of Law in Xi Jinping Thought on the Rule of Law |
Fan Jinxue
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Abstract: |
This theoretical system specifically includes the concept of the rule of law, the essence of the rule of law, the purpose of the rule of law, the spirit of the rule of law, the norms of the rule of law, the system of the rule of law, the methodology of the rule of law, the education of the rule of law, the belief in the rule of law, the confidence in the rule of law, and the culture of the rule of law. The first five theories elucidate the internal and external theoretical and institutional issues of the rule of law, the conceptual theory explains what the rule of law is, the essential theory interprets the political direction and positioning of the rule of law, the teleological theory solves the meaning and ownership of the rule of law, the spiritual theory explains what the soul of the rule of law is, and the normative theory finds the institutional carrier for the rule of law with ideas, concepts, and values to establish itself. Therefore, the first five theories are related to the internal morality and external norms of the rule of law, as well as the internal connections and principles between them. The last six chapters explain the entire process and operation process of the rule of law, as well as its laws in all fields. They address the strategic and tactical issues of how to achieve the purpose, spirit, essence, and norms of the rule of law. The system theory establishes the goals of the rule of law construction and the rules of the rule of law operation, the methodology solves the path, methods, and ways of achieving the strategic goals of the rule of law, the education theory solves the problem of how the rule of law can make people respect, abide by, and apply the law, the belief theory solves the fundamental moral attitude, moral habits, and moral obligations of people towards the rule of law, the confidence theory solves the problem of people's confidence and internal identification with the rule of law in their country, and the cultural theory explains the ideological composition and humanistic accumulation of the rule of law. |
Key words: Xi Jinping Thought on the Rule of Law, The Concept of the Rule of Law, The Spirit of the Rule of Law, Rule of Law Normative System, Belief in the Rule of Law, Eleven Discussions on the Rule of Law |