| 英文摘要 |
At the heart of the rule of law is the powerful idea that it is law that should govern society and not the arbitrary will of particular persons—a government of laws, not persons，in order to ensure the orderliness, predictability, consistency of social government and prevent tyranny. However, the ideal of the rule of law is difficult to realize in judicial practice and causes many disputes. Therefore, it is necessary to re-evaluate the rule of law and recognize that democratic government must combine human contributions with legal contributions, achieving as much coordination as possible between justice and law rather than conflict with each other. In the light of this, the essay aims to propose a new approach to the rule of law based on non-fundamentalism, and at the same time to elaborate democracy, justice and legislative responsibility differently from the point of view of traditionalists and critics. It is emphasized that in the democratic practice of fair governance, law and people interact and complement each other. Judges are neither totally oppressed by law so that they cannot exercise their personal judgments, nor entirely unrestricted by law so that they can arbitrarily exercise individual judgments, thus redefining the law and politics in a democratic society and the relationship between them. |
