On whether the dominant thinking of China s rule of law is dialectical or logical

Rule of law thinking is guided by the value and spirit of the rule of law, and uses legal principles, legal rules, and legal methods to think about and deal with problems. The rule of law thinking contains the following meanings:

First, the rule of law thinking is guided by the value and spirit of the rule of law, and contains the concepts of the rule of law such as justice, equality, democracy, and human rights, which is a kind of legitimacy thinking.

Second, the rule of law thinking is based on legal principles and rules to guide people's social behavior, which is a kind of normative thinking.

Third, the rule of law thinking is based on legal means.

It is a reliable logical thinking to analyze, deal with problems and resolve disputes based on legal methods.

Fourth, the rule of law thinking is a kind of scientific thinking that conforms to the law and respects the facts. Therefore, the rule of law thinking is a kind of value attribute and instrumental rationality that integrates law.

in one of the special high-level legal awareness.

The main role of the rule of law:

First, governing the country according to law.

It is a major change in the way the Communist Party of China governs, which is conducive to strengthening and improving the party's leadership.

Second, governing the country according to law is the fundamental guarantee for developing socialist democracy and realizing that the people are the masters of the country.

Third, governing the country according to law means developing a socialist market economy.

and the objective need to expand the opening up to the outside world;

Fourth, governing the country according to law is a significant sign of social civilization and progress, and an important guarantee for the country's long-term peace and stability.

Fifth, governing the country according to law is an inevitable requirement of democratic politics and a basic symbol of modern political civilization.

Sixth, governing the country according to law is to build a socialist culture with Chinese characteristics.

important conditions.

The rule of law thinking is to take the law as the criterion for judging right and wrong and handling affairs, which requires advocating the rule of law, respecting the law, and being good at using legal means.

Solving problems and advancing work, so what is the concept of rule of law thinking?

1. Rule of law thinking refers to the thinking mode of thinking and dealing with problems guided by the value and spirit of the rule of law, and using legal principles, legal rules, and legal methods.

2. The rule of law thinking contains the following meanings: (1) The rule of law thinking is guided by the spirit of the rule of law values, and contains the rule of law concepts such as justice, equality, democracy, and human rights, which is a kind of legitimacy thinking; (2) The rule of law thinking is based on legal principles and rules to guide people's social behavior, which is a kind of normative thinking; (3) Rule of law thinking is a reliable logical thinking that analyzes problems, deals with problems, and solves disputes based on legal means and legal methods.

Fourth, the rule of law thinking is a kind of scientific thinking that conforms to the law and respects the facts. Therefore, the rule of law thinking is a kind of value attribute and instrumental rationality that integrates law.

in one of the special high-level legal awareness.

3. To cultivate the rule of law thinking, we must abandon the thinking of rule of man. The difference between the rule of law thinking and the rule of man thinking is concentrated in four aspects: first, in terms of basis, the rule of law thinking believes that the country's law is the basic basis for governing the country, and the handling of legal issues should be based on facts and the law as the criterion; The essence of the thinking of rule by man is that man is higher than the law or power is greater than the law, and it advocates relying on the personal charm, virtue and wisdom of individuals, especially those in power and leaders, to govern the country and the world.

That's it for the introduction of the concept of rule of law thinking.

Difference 1: Ideologically.

The rule of law thinking refers to the ideological concepts and ways of thinking formed by people with advocating the rule of law as the core. The thinking of the rule of man refers to the ideological concepts and ways of thinking formed by people with the belief in the rule of man as the core.

Difference 2: On the basis.

The rule of law thinking holds that the country's laws are the basic basis for governing the country, and that the handling of legal issues should be based on facts and the law as the criterion. The essence of the thinking of rule by man is that man is higher than the law or power is greater than the law, and it advocates relying on the personal charm, virtue and wisdom of individuals, especially those in power and leaders, to govern the country and the world.

Difference three: in the way.

The rule of law thinking regulates social relations in a general and universal way of equal treatment, resolves contradictions and disputes, adheres to the principle of equality before the law, and has stability and consistency. However, the thinking of human governance ignores the universal applicability of the rules, and governs according to personal will and feelings.

The basic content of the rule of law thinking is as follows.

1. The application of rule of law thinking in different issues and fields includes different four levels.

The first is the level of understanding and judgment, that is, the level of understanding and preliminary judgment of various issues in social life by using the principles of the concept of the rule of law. People can judge whether some actions or phenomena in society are legal or not based on the law, for example, drinking alcohol and driving are illegal acts. This level of rule of law thinking can be possessed to varying degrees by ordinary members of society.

The second is the level of logical reasoning, that is, the level of applying the principle of the rule of law, standardizing the analysis and judgment of problems, comprehensive reasoning, drawing conclusions and solving problems. The thinking of the legal profession is mostly at this level. The main feature of this way of thinking is the legal resolution of individual cases.

The third is the comprehensive decision-making level, on the basis of the above-mentioned legal cognition, judgment, analysis and reasoning, combined with other factors to make a comprehensive measurement, to make a decision in line with the rule of law. For leading cadres, the rule of law thinking is more obvious at this level.

Fourth, the construction of the institutional level, that is, further deepening and abstracting on the basis of thinking at the first three levels, so that long-term solutions to more macro problems can be proposed through the building or reform of the legal system. This is the highest level of the idea of the rule of law, and it is also what senior leading cadres should have. Therefore, when testing the ability to think about the rule of law, different standards should be set according to different objects and subjects.

2. The spiritual aspect of the culture of the rule of law can be roughly divided into three different levels.

The first is the level of awareness and concept of the rule of law, which is the lowest and most basic level. All members of society should have the corresponding awareness and concept of the rule of law, so as to be able to form the conceptual foundation of a country under the rule of law, a society under the rule of law, and a society under the rule of law. For ordinary citizens, it is necessary to have both a sense of rights and a sense of obligation to consciously abide by the law.

The second is the level of rule of law thinking and concepts, which is manifested in the rise of the awareness and concept of the rule of law to the level of thinking and concepts, which plays a greater role in promoting the construction of the system and specific practice.

The third is the value and attitude level of the rule of law, which is manifested in people's inner values and attitudes for the rule of law's internal recognition and respect, until the rule of law is internalized into people's daily life. This is the highest level of the culture of the rule of law.

Rule of law thinking refers to the selling thinking mode that is guided by the value and spirit of the rule of law, and uses legal principles, rules and methods to think about and deal with problems. It has the following meanings:

1.The rule of law thinking is a kind of legitimacy thinking.

2.Rule of law thinking is a normative thinking.

3.Rule of law thinking is a reliable logical thinking.

4.The rule of law thinking is a kind of scientific thinking that conforms to the law and respects the facts.

Improving the ability to think about the rule of law requires strengthening the concept of the rule of law, respecting and abiding by the Constitution and laws, and achieving the rule of law, not thinking about problems, making decisions, and doing things outside the rule of law, let alone above the rule of law.

Rule of law thinking and legal thinking are two similar but distinct concepts. Legal thinking refers to the way of thinking that uses the basic concepts and methods of law to conduct logical and rational analysis of social problems. The rule of law thinking is based on restricting the abuse of power, requiring the maintenance of a balance between power and rights, regarding rights as the standard, and ensuring the realization of rights as the core, so that power can be exercised within the scope of the law.

Although both advocate the supremacy of law, pay attention to procedural justice, and are essentially logical and rational thinking, there are still differences between the two in terms of subjectivity, corresponding concepts, and emphasis.

The socialist legal way of thinking mainly includes the integration of rights and obligations.

1. Emphasizing evidence and procedures. (1) The way of thinking of the unity of rights and obligations is the basic legal cultivation that citizens have, and rights and obligations are interdependent and interconnected, and there is no right without obligations and no obligations without rights. In order to cultivate socialist legal thinking, it is necessary to cultivate a legal way of thinking that unifies rights and obligations.

2) Emphasis on Evidence Evidence is all objective facts that can prove the true situation of the case in the form prescribed by law. In litigation proceedings, evidence is relied upon to determine the corresponding facts, and this is used as the basis for the application of law, which is the fundamental reason for emphasizing evidence. Therefore, we should cultivate an awareness of evidence in our daily life, and pay attention to the preservation and collection of evidence.

3) Procedure: Legal procedure is a legal step and form in time or space that people must follow or perform in order to carry out legal acts. It is a legal way and a necessary condition for the realization of the rights and obligations of the entity. Therefore, procedural is an important feature of legal thinking.