What are the four characteristics of rule of law thinking, and what are the characteristics of rule

Basic Meaning: The rule of law "has been universally accepted as the ideal way to govern society." There are two ways to realize the ideal of the rule of law, one is to promote it from the top down, and the formal and substantive elements that need to be met to build the rule of law; The second is to gradually cultivate a way of thinking about the rule of law in social life.

and ways of behaving. The latter is often the goal and destination of the rule of law, and only when the way of life of ** and the people's law becomes a norm can we say that the rule of law has truly been realized.

2: Specific characteristics:

The rule of law way of thinking or legal way of thinking has the following characteristics: taking rights and obligations as the clue of analysis, universality is better than particularity, legitimacy is better than objectivity, formal rationality is better than substantive reasonableness, and reason is better than conclusion.

The legal mindset refers to the mindset of a legal professional. Its characteristics are:

First, think through the process, use legal terminology to observe, think and judge; Clause.

Second, follow the habit of looking to the past, and behave more prudently, even conservatively; Clause.

Third, pay attention to meticulous logic and treat emotional factors cautiously (i.e., objective and fair, based on facts, and based on the law);

Fourth, the truth in the process pursued by legal thinking is different from the truth-seeking in science;

Fifth, judging conclusions is always either/or, which is different from the trade-off characteristics of political thinking.

The application of rule of law thinking in different issues and fields contains different levels. In a nutshell, rule of law thinking can be divided into four levels. The first is the level of cognitive judgment, that is, the level of using the conceptual principles of the rule of law to understand various problems in social life and draw preliminary judgments.

People can draw judgments about whether some behaviors or phenomena in society are legal or not based on the law, such as drinking and driving is illegal. 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 using the principles and norms of the rule of law to analyze and judge problems, make comprehensive reasoning, and draw conclusions and even solutions.

This is the level of thinking of the legal profession. This level of thinking is characterized by the resolution of individual cases through the law. The third is the comprehensive decision-making level, that is, on the basis of the above-mentioned legal cognitive judgment, analysis and reasoning, it is also necessary to combine other factors to conduct comprehensive measurement and make decisions that meet the requirements of the rule of law.

As far as leading cadres are concerned, the rule of law thinking is more embodied at this level. The fourth is to construct the institutional level, that is, to further deepen and abstract on the basis of the thinking of the previous three levels, so as to be able to propose long-term solutions to more macro problems through the construction or reform of the legal system. This is the highest-level rule of law thinking, and it is also what high-level leading cadres should have.

Therefore, to examine the level of legal thinking ability, different standards should be set according to the different objects and subjects.

The characteristics of the rule of law thinking are: it takes legitimacy as the bottom line, fairness and justice as the core, emphasizes evidence and basis, emphasizes the unity of authority and legal rights and obligations, respects and protects human rights, adheres to due process, and so on.

1. Keep the bottom line of legitimacy - everything must be asked whether it is legal. "Legitimacy" is the core content of the rule of law; Requiring lawful conduct is a basic requirement of the rule of law. Thinking about and handling issues from the starting point of "legality" is undoubtedly the basic characteristic and basic requirement of the rule of law thinking and the rule of law method.

2. There must be rules for everything - there are no rules. Law is a rule; The rule of law is the rule of rules. The rule of law thinking is also a kind of rule thinking, that is, we must be good at using rules to govern the country and society.

3. Take fairness and justice as the standard - the rule of good law. The rule of law is the rule of rules, and it should be the rule of good law. The criterion of "good law" is "fairness and justice". The rule of law can be truly achieved only through legislative justice, law enforcement justice and judicial justice.

The spiritual aspects 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 a country under the rule of law and the rule of law.

The conceptual basis of a society governed by 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.

For leading cadres.

In addition to the corresponding concept of rights and obligations, it is necessary to have the power concept of the rule of law, as well as the sense of responsibility to take the lead in abiding by the law and upholding the authority of the Constitution and laws.

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. It can be seen that the rule of law thinking is a further sublimation on the basis of the rule of law awareness and the concept of the rule of law, and the use of the rule of law thinking is a higher level of requirements for cultivating a socialist rule of law culture.

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 a kind of normative thinking that guides people's social behavior on the basis of legal principles and legal rules.

Third, the rule of law thinkingLegal meansIt is a reliable way to analyze problems, deal with problems, and resolve disputes based on legal methodsLogical thinking

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 difference between the rule of law thinking and the rule of man thinking is reflected in:

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 that the handling of legal issues should be based on facts and the law as the criterion; The essence of the thinking of man's rule is to advocate that man is higher than the law or that power is greater than the law, and it one-sidedly emphasizes relying on personal charm, virtue and intelligence to govern the country and level the world.

Second, in terms of methods, the rule of law thinking regulates social relations in a general and universal way of equal treatment.

Resolve conflicts and disputes, adhere to the principle of equality before the law, and have stability and consistency; However, the thinking of rule of man ignores the universal applicability of the rules, governs according to personal will and feelings, and governs people by substituting words for the law, saying the law with words, and changing orders at the moment, which is extremely arbitrary and irrational.

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.

1. Rule of law thinking is rule thinking. The law is actually a rule. Legal rules are clear, stable and feasible, and can provide people with basic guidelines for behavior.

With this kind of legal thinking, people have a stable expectation of their own and others' behavior and its legal consequences, and they will adjust and regulate their own behavior accordingly. Rule-based thinking requires making good laws, implementing them, and abiding by them.

2. The rule of law thinking is the thinking of equality. An important value orientation of the law is equality, that is, equality of rights, equality of opportunities, and equality of rules. Egalitarian thinking requires everyone to abandon the idea of privilege and consciously place themselves under the supervision and constraints of the law.

The enactment of laws requires the implementation of the principle of equality and does not allow individuals or groups to codify their privileges; The implementation of the law must also implement the principle of equality, and no one is above the law and must not have extrajudicial privileges.

3. The rule of law thinking is the thinking that power is restricted. The idea of power constraints requires the formulation of scientific institutional mechanisms to make power constrained and the exercise of power to have clear boundaries. According to the rule of law thinking, the power system and mechanism must ensure that power cooperates with each other under the premise of mutual constraints.

4. Rule of law thinking is procedural thinking. Procedural justice is an important guarantee of substantive justice. Procedural thinking requires that the analysis of problems, especially the handling of problems, be carried out in accordance with legal procedures.

It is necessary to follow the rules, establish scientific and reasonable procedures for the exercise of public power, and establish sanctioning consequences for violating the procedures, so as to prevent acts that undermine the legal procedures.