Analysis of the Rule of Law Thinking

The CPC Central Committee and General Secretary Xi Jinping have successively proposed therule of law thinking,which has sublimated the construction of legal system and rule of law to a spiritual level since the policy of reform and opening up is undertaken,and it also stands for a historic landmark that ruling state and dealing with politics have transformed from ruling by man to ruling of law. It is held that the analysis of modern mainstream rule of law thinking modes,including the naturalism- rationalism,analytical positivism,social positivism,and taking reference from the experience of social practice in China,are indispensable for a comprehensive understanding of rule of law thinking. The structure of rule of law thinking includes the prerequisite element of cognition of rule of law,the core element of abiding by current laws and defining the non- governmental normsas supplementary element. The approach of rule of law is the media and pathway for rule of law thinking applied in practice of law,with a prerequisite that whether it needs or it can resort to legal means to resolve certain event or case. In order to realize social justice,the application of rule of law approach ought to strictly conform to substantive law and due process,and respect moral and non- governmental norms. The rule of law thinking requires scientific methods,mainly including( 1) dialectic approach of undertaking legal considerations from developing,connected,contradictor yet comprehensive perspectives; and( 2) formal logic method,which requires the exclusive legal reasoning,inevitable legal syllogism and cohesive legal judgment making. Rule of law thinking is a systematic thinking closely consisting of these two methods mentioned above.