What is the spiritual core of the rule of law? Ask the gods for guidance.

In the context of the rule of law in Socialism with Chinese characteristics, the "spirit of the rule of law" we refer to of course the spirit of the rule of law in Socialism with Chinese characteristics. This spirit of socialist rule of law not only absorbs and embodies the same laws and basic values of human civilization ruled by law, but also bases on and embodies the basic national conditions and specific value culture of China's democracy and rule of law construction in the primary stage of socialism.

First, rational spirit.

The concept of rationality originated from the "logos" theory put forward by Heraclitus in ancient Greece. It has the dual meanings of objective laws and subjective rational thinking, mainly referring to objectivity (different from belief) and logic (different from irrationality such as sensibility, emotion and desire).

Second, the spirit of honesty and law-abiding

As a moral principle, "honesty" has existed in China since ancient times, but as a legal term, it was transplanted from the west. The direct etymology of "honesty and credit" comes from Treu und Glauben in German and bonnefoi in French, both of which are related to bonafides in Latin. The dominant view of German scholars is: "The connotation of the principle of good faith is trust, which plays a cohesive role in organized legal culture, especially mutual trust, and it requires respect for the rights and interests of others that should be protected.

Third, respect the spirit of legal authority.

Legal authority embodies the basic and leading position and role of law in the process of national governance and social management, which is manifested in the universal support and obedience of the external coercion and internal persuasion of law. As for the source of legal authority, Austin, the "master" of analytical law, believes that law is the order of the sovereign, and legal authority comes from coercion. What about Joseph, a new natural jurist? Raz, on the other hand, believes that he acted according to the instructions of authority because the instructed person is more inclined to accept the reasons of authority.

Fourth, the spirit of symmetry between rights and obligations.

The spirit of symmetry between rights and obligations is the concrete embodiment of the concept of social justice in the rule of law. Rawls believes that "the main problem of justice is the basic structure of society, or more accurately, the distribution of basic rights and obligations by major social systems". A just social system requires everyone to have roughly equal basic rights and obligations and denies the existence of privileges.

Verb (abbreviation of verb) is the habit of defending rights and resolving disputes according to law.

China society is entering a "rights era". In recent years, the public's awareness of rights has never been higher, and the number of cases accepted by courts at all levels has risen sharply every year, and the number of letters and visits has surged. Some major judicial cases and legal events, especially civil rights protection events, have aroused great concern in society. According to some scholars' statistics, from 2003 to 20 12, among the top ten cases of rule of law every year, cases of "safeguarding rights" accounted for a large proportion.