The Study Of Virtue In The Practice Of Rule By Law

The rule of law is not only a kind of valuable activity, but also a normative activity. Legal norms are the carriers of the value of the rule of law. The process of construction of the g rule of law is to convert the value of the rule of law into the legal norms, then to guide and constrain people's behavior in order to realize the value of the rule of law. In the process, the subject of the rule of law is the medium to link the value of rule of law and legal norms. The virtue of subject of rule of law is the key factor to put the value of rule of law and legal norms into smooth transformation and achievement during the practice of rule of law. It is closely related to the creation of law, the application of law, the compliance of law with the value orientation and moral idea of the subject of legislative activities, law-enforcement activities, judicial activities, law-abiding activities. The intrinsic link between the rule of law and virtue means that rule of law should be moral rule of law. The rule of law is hard to succeed and maintain if no virtue supported.The rule of law needs the support of virtue, so we should not only pay attention to the fact of the "hard" legal institution, but also concern the "soft" moral factors, that is concerning the role of virtue joint in the legal field. The virtue as an acquired quality, the virtue needed by the subject of rule of law is fostered and obtained in the process of specific practice of rule of law. While legal fields are relationship network formed by the activity subjects who are in different positions and play different roles. The legal fields are formed by activity subjects who interact and jointly promote activities to complete. As for the subjects in a different position and playing a different roles in the legal field, and thus there are different moral requirements to them.Legislation as the beginning of rule of law, the essence of legislation is to rise the abstract value of rule of law to concrete legal norms by creating good laws. If it is to create good laws in the legislative field, it will be needed that citizens participate in the legislation, and the elites participate in the legislation. The virtue of citizens and legislation elites is moral security which they play their own position and role in the legislative activities. Citizens should have the virtues which needed by legislative, including participation, independent, tolerance. Legislative elites should have the virtues which creating legal institution,including rational, fair, prudent.Law-enforcement is the key process of rule of law. The essence of law-enforcement is to convert the rights and obligations which established by legislative into reality rights and obligations, and to convert the static social order into dynamic social order. Law-enforcement field is mainly the relationship network which formed by administrative relative persons and law-enforcement officers. Law-enforcement is the result of cooperation by administrative relative persons and law-enforcement officers. Administrative relative persons are the necessary partners of law-enforcement officers, who should have the virtue of obedience, honesty, responsibility and goodness. Law-enforcement officers are public servicers and public managers, who should have the virtue of service, loyalty, efficiency.Judicature is the last defense line of social justice. The essence of judicature is to construct harmonious social order by resolving disputes. Judicature field is mainly the relationship network which formed by lawyers, magistrates and prosecutors, which constitute the three pillars of judicial justice. Lawyers safeguard litigants'legitimate rights and interests, promote judicial fair to realize by participation in procedure, who should have the virtue of loyalty, diligence and fair. The role of magistrates in judicial activities lies in inpartial adjudication to litigants' right or wrong, in oder to resolve the disputes finally, and to maintain social harmony, who should have the virtue of justice, diligence and carefulness. Prosecutors realize the judicial fair by accusing of the persons who violated the laws seriously in order to make them be punished and supervising the application of legal fair, who should have the virtue of justice, loyalty, incorruptible and carefulness.Law-abiding is the basic process of rule of law. The essence of law-abiding is to realize freedom, dignity value and safe social order by abiding by law, in order to promote the value goal of rule of law to realize. Law-abiding field is mainly the relationship network which formed by the law-abiding citizens and foreigners, whose virtue is the necessary condition which the law will be universally abided by. Only when the subjects of law-abiding convert external legal norms into intrinsic needs, it is possible that the laws will be observed universally. The abiding citizens should have the virtue of sense of justice, sense of shame, self-control and encouragement. Foreigners should have the virtue of homage, reciprocity and friendship.When activities subjects in legal fields acted according to respective virtue requirement, the value goal of rule of law could be realized, and the social order could be formed in which orders of rule of law is in accordance with moral orders. Meanwhile, the subjects of rule of law have further understanding to life value in the process of fostering virtue and practising virtue. Life realm of the subjects of rule of law will be promoted furtherly, and which benefits to promote and realize the modernization of rule of law.