摘要
法治从结构上可划分为制度的法治与文化的法治。制度的法治在于法律制度本身基本具备法治的制度性标准 ;文化的法治意指社会公众在价值观念和思维方式上尊崇权利和信仰法律。中国法治的关键在于文化的法治 ,亦即培育中国的权利文化。法教育学的主题在于如何构造中国的权利文化 ,而变革的社会、权利文化的追求和通过教育实现法治的方法必然使法教育学产生于中国社会并服务于中国法治文明的实现。
From the point of view of construction, rule by law comes in two forms: systematic rule by law and cultural rule by law. The former focuses on the systematic standard that the law system possesses or basically possesses, while the latter lies in social publics' worship of rights and belief in law in the concept of values and the mode of thinking. The key to Chinese rule by law just is the cultural rule by law, that is, to cultivate Chinese culture of rights, which is the motif of legal education. It is a transforming society?pursuing for culture of rights and means of realizing rule by law by educating that necessarily lead to the birth of legal education in Chinese society and the realization of serving for Chinese civilization of rule by law.
出处
《甘肃政法学院学报》
CSSCI
2004年第2期103-107,共5页
Journal of Gansu Political Science and Law Institute
