What is the core of the rule of law?

"Legal system" and "rule of law" are both important contents of legal culture and products of the development of human civilization to a certain stage. Among them, "rule of law" is the abbreviation of legal system, and "rule of law" is the theory, principle, concept and method of governing society corresponding to "rule of man". In short, the legal system is a social system, which belongs to the object level in legal culture; The rule of law is a kind of social consciousness, which belongs to the conceptual level in legal culture. Compared with informal social norms such as rural regulations, folk customs and ethics, the legal system is a formal, relatively stable and institutionalized social norm. Rule by law and rule by man are two diametrically opposite legal cultures. The core of the former is to emphasize the universality, stability and authority of social governance rules (mainly legal rules); The core of the latter is to emphasize the consciousness, initiative and variability of social governance subjects. Although laws are also made by people, the rule of law does not exclude people's initiative, but the formulation, implementation and revision of laws must be carried out in accordance with the rules formulated by the law itself. People's initiative can only play a role within the scope prescribed by law, but not beyond the law, which is the inherent essential requirement of the rule of law.

Rule by law and rule by man, two concepts of governing society, once coexisted in ancient Greece. The "saint politics" that Plato once enthusiastically advocated is actually the rule of man. His basic position is that the rule of man is superior to the rule of law. He believes that if the ruler of a country is not a philosopher, the rule of law is stronger than people. But the rule of law can only be called "second-class good" politics, which is not as good as sage politics after all. Aristotle established the theory of rule of law on the basis of criticizing Plato's theory of rule of man. He clearly pointed out: "the rule of law should be superior to the rule of one person." It should be said that the tradition of rule of law in western society originated from Aristotle's theory of rule of law. However, the rule of law in Aristotle's slave society is obviously different from that in modern western society. Slaves have no personal freedom, let alone equality with slave owners before the law. According to the classic definition of the rule of law by British jurist Albert Venn Dicey, the rule of law includes the following three aspects: "First, the law has the highest authority beyond any arbitrary power, including the broad discretion of the government; Second, any citizen must obey the general laws of the country implemented in ordinary courts; Third, power is not based on abstract constitutional documents, but on the actual judgment of the court. " Obviously, such a rule of law can only be gradually formed from the Enlightenment.

Before the law came into being, there would certainly be no legal system, let alone the rule of law. It is custom and ethics that regulate and restrict people's social behavior. Such a society can only be ruled by men. When human civilization developed to a certain stage, especially after the emergence of the state, the law came into being. However, the emergence of the legal system does not mean the birth of the rule of law. As a social system, the rule of law does not necessarily exclude the rule of man. The rule of law can be combined with the rule of law and the rule of man. When the rule of law is combined with the rule of man, the legal authority is the second, the government authority (imperial power in feudal society) is the first, and the legal system serves the concept of rule of man. There, government authority is the main regulator of state behavior, moral authority is the main regulator of folk behavior, and legal authority only plays a supplementary and auxiliary role. When the legal system is combined with the rule of law, legal authority is the first, and it is a social authority that transcends all authorities, including government authority and moral authority. Law has become the code of conduct for all social groups and individuals. There, government authority comes from and obeys legal authority, and moral authority only plays a supplementary and auxiliary role. In a society ruled by law, legal authority comes from the recognition of the "legality" of law by most members of society. The so-called legitimacy refers to people's attitude towards laws or rules or systems, and is a judgment on the generation of relevant rules or the makers of relevant rules and their authority. As Atia, a British jurist, said, "Only when people think they have a moral obligation to obey the law can they obey the law." Therefore, the society ruled by law is not only the product of the combination of rule of law consciousness and legal system, but also the product of the combination of democratic system.