从威权型法到自由民主型法——法治发展的全球趋势

法治社会的生成是一个不断削弱政治专权、捍卫个体尊严的过程。威权型法作为政治权力的孳息物 ,具有人格贬损、话语霸权、政法合一、严刑峻法等特征 ,从而使人不成其为人 ,使法不成其为法。从威权型法转向自由民主型法是全球化时代的法治发展趋势。自由民主型法的价值取向是权利至上 ;制度支撑是宪政体制 ,具体内容包括人民主权、权力分割、违宪审查、司法独立和政党守法等内容。

From Authoritarian Law to Law of Liberty and Democracy:Global Development Tendency of Law

the formation of rule-of-law society is a process with the declining political monopoly and the rise of personal dignity. Totalitarian law as derivative of political power, is characterized with degradation of human dignity, excessive government control over information and expression, politics and law are combined as one and severe punishment by law. In such situation, human being are not treated as human, and law is not what law ought to be like. From authoritarian law to law of liberty and democracy is the development trend of law in the globalization era. The core value of the latter is giving the supremacy to individual's rights, establishing constitutional institution is its main institute, and its contents include people's sovereignty, separation of powers, judicial review, independence of judiciaries and political party's obedience of law.