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仇和的治理方式引出法治的一系列思考 :法治的价值取向、判断标准、如何本土化运作等都是法治实践所必须解决的问题。本文认为法治不是一个结果 ,而是一个用法律实现人性关怀的有序化的过程。法治只有完善与否的程度之分 ,绝无“是”与“不是”的结果判断。法治运行的最高目标应当是将外在的他律转化为人们内心守法的信念 ,并由此支配人们行为的自律性所形成的社会有序与稳定。法律之治就是将法治中规则正义趋同于实质正义 ,抑制“多数人意志”中的恶性、非理性 ,将这种意志转化为包含有理性正义内容的法律
A series of reflections on the rule of law and hatred led by the rule of law: the value orientation of the rule of law, the standard of judgment and how to localize the operation are the problems that must be solved in the practice of the rule of law. This article argues that the rule of law is not a result, but an orderly process of using law to realize humane care. There is no judgment as to whether the rule of law is perfect or not. The highest objective of the operation of the rule of law should be to transform the external law of self into the belief of people’s inner abiding by the law and thereby govern the order and stability of the society formed by the self-discipline of people’s behavior. The rule of law is to reconcile the rule of law in the rule of law with the substantive justice and suppress the viciousness and irrationality in the “will of the majority” and to turn this will into a law that contains the content of rational justice