認真對待法律的體系性

Taking the Systematic Nature of the Law Seriously

認真對待法律的體系性，實質是重視邏輯在法治建設中的作用。法律的體系性不僅是描述法律特徵的概念，而且包含法律的內在道德性。體系性要求以及體系化方法的融貫，構成了法律創設與實施的技術性原則。中國法理學對法律的體系性的命題重視不夠，以至於與現代法治相匹配的思維方式難以形成。法治思維的塑造，需要重視邏輯規則的使用，充分發揮法律的體系性功能。從方法論的角度重視法律的體系性，需要在整體思維之中嵌入體系、在辯證思維中引入邏輯、在實質思維中植入形式。重視法律的體系性就是把問題思維與體系思維結合起來，塑造中國式法治思維。

Probing into the systemic nature and significance of law is essentially emphasizing the important role of logic in the construction of the rule of law. The increasing use of pragmatics in the legal field reflects the growing emphasis on logic. However, existing research still lacks in-depth exploration of the significance of logic in the construction of the rule of law, and is more of a linguistic rhetoric. Systematicity is not only a description of legal characteristics, but also a reflection of the inherent morality of law. The combination of nature'' and the legal system does not focus on describing the characteristics of the law as a whole object or system, nor is it used to describe the quality and essence of the law. Instead, it emphasizes the systemic nature of the law and extends it as a principle for the construction of the rule of law. As a principle of the rule of law, the legal system plays a guiding role in the construction of legal norms, the implementation of laws, and the shaping of legal discourse. The systematic construction of the law is a prerequisite for the rule of law order, but it still needs to be dynamically implemented by combining systematic methods. Systematization is the logical requirement of the rule of law and the method followed in its implementation. The integration of systematic requirements and systematic methods constitutes the technical principles and thinking rules for the creation, implementation, and shaping of legal discourse. The legal system requires that legal elements not only constitute a whole object or system, but also have logical consistency. Systematicity is different from systems. Systems are closed, while systematicity can be open, encompassing both internal and external systems. The systemic nature of the legal system is not the only factor in the process of legal decision-making. The interpretation of legal significance requires respect for legal norms, integration with other social norms, and promotion of the concrete application of the law. The construction of a rule of law China requires a corresponding way of thinking. Chinese jurisprudence, without being proficient in modern legal and rule of law theories and knowledge, has directly entered postmodern thinking with Western jurisprudence, resulting in an existing way of thinking that emphasizes dialectical thinking and lacks emphasis on logic, making it difficult to construct a way of thinking that matches modern rule of law in China. Systemic pragmatics requires systematic guidance, and dialectical thinking cannot be separated from systemic thinking. The essence of systematicity is logical consistency. The shaping of a thinking mode suitable for the construction of the rule of law in China requires emphasis on the use of logical rules, fully leveraging the systemic function of the legal system, embedding systematic logic and explanatory methods in traditional thinking, in order to increase the logical factors in thinking methods and meet the needs of interpreting and acting according to the law. The exertion of systemic functions relies on the mediation of logic in dialectical thinking, the introduction of systems in holistic thinking, and the strengthening of form in substantive thinking. Taking the systemic nature of the law seriously means combining problem thinking with systemic thinking, promoting the maturity and development of China's rule of law thinking.