以"法治认同"替代"法律信仰"——兼对"法律不能信仰"论题的补充性研究

法律信仰不适应中国,我们应该用"法治认同"代替它。法治认同内含着对主体价值的尊重和权利的维护,它适应了中国公众法治素质的实际状况,有利于对中国法治发展过程的曲折性和长期性保持理性的认识。"法治认同"尤其要求当权者对法律的遵守和服从,有利于实现认同主体的普遍性;它为对抗现实生活中的"恶法亦法",提供了理论上的有力支撑。市场经济对法治认同的形成,有决定性作用;对人们正当利益的承认和维护,是法治认同形成的现实基础;政治的秩序性、民主性、合法性,与法治认同的形成密切相关。

Replace "Belief in Law" with "Identification with the Rule of law"

The principle of "Belief in Law" is not applicable to China and should be replaced by the principle of "Identification with the Rule of Law".Embodied in the later is the respect to people's values as well as the protection of their rights.The principle of "Identification with the Rule of Law" recognizes the actual situation of the general legal awareness and highlights the difficulty and the prolonged process characteristic of China's legal development.The principle first of all demands the respect and obedience of law by those in power,which will help to achieve identification of all social members.It also provides strong theoretical support to fighting against the concept that "draconian law is law".The establishment of the principle is subject to social environment.Firstly,market economy plays a decisive role.Secondly,recognizing and protecting people's legitimate interests lays a solid basis for its formation.Thirdly,political order,political democracy and political legality are closely related to the formation of the principle.