Traditional Culture Encyclopedia - Traditional customs - What's the difference between the rule of law and the legal system?
What's the difference between the rule of law and the legal system?
The rule of law, also known as the rule of law, is a method of governing the country corresponding to "rule by man". Aristotle's definition of the rule of law is that the rule of law means that the established laws are generally observed, and the laws that everyone abides by are themselves perfect laws. Limiting the abuse of state power and protecting citizens' freedom are two core elements of the rule of law. Legal system is the abbreviation of legal system, which belongs to the category of system.
The difference between the rule of law and the legal system is mainly manifested in:
Differences in connotation. The rule of law expresses the state, mode, procedure and process of legal operation, including the supreme authority of law, the basic requirements of justice, universality and openness of law, and the basic principles of restricting public power and protecting human rights by law; The legal system is just the abbreviation of "law and system".
Differences in value orientation. The rule of law emphasizes people's sovereignty (democratic spirit), legal equality, power restriction and human rights protection; The legal system does not presuppose value orientation.
In the relationship with the rule of man, the rule of law is obviously opposed to the rule of man. Some people can't rule, but the rule of law can coexist with the rule of man, and there can be a "rule of law under the rule of man".
In terms of supporting environment, the rule of law needs market economy, democratic politics and other environments, and the rule of law can exist in various scholastic political and cultural systems. The rule of law refers to a country's law and its legal system, while the rule of law emphasizes that a country is in a state of governance according to law. The connotation of the legal system is much smaller than the rule of law. The legal system focuses on a series of rules and principles of law and related systems, while the content of rule of law is much richer.
Extended data
The rule of law is an important achievement of human political civilization and the basic framework of modern society. From the political system of the country to the words and deeds of individuals, they all need to operate within the framework of the rule of law. For modern China, the real rule of law is the integration of a country ruled by law, a government ruled by law and a society ruled by law.
Ruling the country by law, ruling the country by law, and ruling the country by law are advancing together. This is the real law; Scientific legislation, strict law enforcement, fair justice and law-abiding by the whole people are the real rule of law. Whether it is economic reform or political reform, the rule of law is the forerunner, and its importance cannot be overemphasized.
Implementing the basic strategy of governing the country according to law and building a socialist country ruled by law is not only the objective requirement of economic development and social progress, but also the fundamental guarantee for consolidating the party's ruling position and ensuring the long-term stability of the country.
The "legal system" existed in ancient China. In modern times, people understand and use the concept of legal system differently.
First, the narrow sense of the legal system, that the legal system is the legal system. In detail, it refers to the laws and systems established by social groups in power according to their own will through state power.
Secondly, the broad legal system refers to the principle and system that all participants in social relations strictly and equally implement and abide by the law and act according to law.
Thirdly, the rule of law is a multi-level concept, including not only the legal system, but also a series of activities such as law enforcement and legal supervision.
Legal system is the general name of law and system. The principle that the ruling class manages state affairs in accordance with the law and institutionally, and acts in strict accordance with the law is also a law and system established by the ruling class to safeguard its dictatorship through state power according to its own will. Any country has laws, but there is no legal system. The legal system has different contents and forms in different countries. In a monarchy, the word of the monarch is the law; In capitalist countries, although the autocratic nature of the legal system of slavery and feudal countries is ruled out, the bourgeoisie is limited by the class nature, and when some legal provisions are not in line with its own interests, they are eliminated. Only by completely eliminating the exploitation system and realizing a socialist country with people's democracy can the socialist legal system be truly realized.
References:
Baidu Encyclopedia-Rule of Law (Chinese word), Baidu Encyclopedia-Rule of Law
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