法治思维内涵的四个维度

发布时间：2018-05-04 18:39

本文选题：法治思维 + 内涵　；参考：《毛泽东邓小平理论研究》2014年01期

【摘要】：法治思维是通过四个维度体现的:第一,法治思维是一种底线思维,是以合宪性与合法性为起点、以公平正义为中心的一个逻辑推理过程;第二,法治思维是一种规则思维,是基于法律规则的一种思维方式,具体体现为一种规则意识;第三,法治思维是一种权利思维,其基本要求就是在行使权力的过程中,应当明确其终极目标是维护公民的合法权利而不是损害甚至是侵犯公民的合法权利;第四,法治思维是一种契约思维,法治思维本身就是对契约精神的尊重与体现。底线思维也好,规则思维也好,权利思维也好,具体是通过契约思维体现的。要提高领导干部运用法治思维和法治方式的能力,首先应当准确理解并把握法治思维的内涵,用法治思维引导工作思维,在实践中将法治思维的运用化为领导干部自觉的行动。
[Abstract]:The thinking of the rule of law is embodied through four dimensions: first, the thinking of the rule of law is a kind of bottom line thinking, it is a logical reasoning process with constitutionality and legitimacy as the starting point, with fairness and justice as the center; second, the thinking of the rule of law is a kind of regular thinking. It is a mode of thinking based on legal rules, which is embodied in a sense of rule of law. Third, the thinking of rule by law is a kind of right thinking, and its basic requirement is in the process of exercising power. It should be made clear that the ultimate goal is to safeguard the legal rights of citizens, not to damage or even violate the legitimate rights of citizens; fourthly, the thinking of rule by law is a kind of contractual thinking, and the thinking of rule of law itself is the respect and embodiment of the spirit of contract. Bottom-line thinking is good, regular thinking is good, right thinking is good, it is reflected by contract thinking. In order to improve the ability of leading cadres to use the thought of rule of law and the way of rule of law, we should understand and grasp the connotation of thinking of rule of law accurately, guide the thinking of work with the thought of rule of law, and turn the application of thinking of rule of law into the conscious action of leading cadres in practice.
【作者单位】：上海社会科学院法学研究所;
【分类号】：D61;D920.0

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