学术
摘 要:
法治国有多种类型：从专制的法制国到自由法治国、国家主义法治国、社会法治国。它们同社会的关系虽各有特色，但基本上是以国家为本位，以控制社会为目的。社会主义法治国家应当是自由社会法治国，它是以社会为本位，不只是要建设民主化、法治化的国家，更要形成法治社会；国家既服务于社会，又保障社会的自主、自治、自由。而法治社会则应当是自由的社会、公民社会。这种自由社会的终极目标也就是马克思所追求的“自由人的联合体”。权力的多元化社会化和法的社会化多元化将消减国家法对社会的绝对统治。转为国家法与社会自治规范的共治，最终使法与权力逐渐复归干社会。[著者文摘]
文章出处:
《政法论丛》-2007年5期 -5-12页
栏目信息:
分 类 号:
文献标识码:
A
文章编号:
1002-6274（2007）05-005-08
相关文章:
The State and the Society of Rule by Law, and the Society by Citizens
Guo Dao-hui （Law School of Hunan University, Changsha 410082）
Abstract:
There are many types of states ruled by law or states of rule by law, from the dictatorship states ruled by law to the liberal states of rule by law, nationalism states ruled by law, and the social states of rule by law. Although there are various relationships between the governments and their societies in these states, fundamentally, such states are established on bases of nationalism and for the purpose of controlling the societies. The socialism state of rule by law should be a liberal sociel state. It should be established on fundamental interests of the society. It not only needs to establish a democratic government of rule by law , but also a society of rule by law. The government not only provides services to the society, but also safeguards the independence, autonomy and liberty of the society. The society of rule by law ought to be a liberal society and a citizen society. The ultimate end of this kind liberal society is ＂the association of free men＂ believed by Max. The diversification and socialization of the political powers and the diversification and socialization of laws will eventually eliminate the ultimate control of the state law to society, and gradually makes the society be ruled by law both from the government and the social autonomy norm. Eventually, the law and the political power will be returned and belong to the people of country.[著者文摘]
Key words:
the state ruled by law; the society ruled by law; liberty; the socialization of law
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