On The Relationship Between Legal Thinking And Legal Thinking

On May 8, 2013, comrade Hu Jintao in the 18 th of the National People’s Congress of the party’s report put forward, to improve the leading cadre to use "the rule of law thinking and way of the rule of law to deepen reform, promote the development and the ability of solving contradiction, maintaining stability". The author want to through the study on the concept of the rule of law thinking and the concept of legal thinking, it is concluded that the relationship and difference between them, and thus for the relationship between them.The author thinks that, the so-called rule of law thinking, that is, managers use the spirit of the law, establish a complete set of system in the field of social life, in order to realize legal justice idea of governing way, on the basis of rationality. Law thought has the following characteristics: at six thinking under the rule of law is a kind of based on the rule of law concept of thinking, is a rational thinking of regularity; Use the body of the rule of law thinking mainly enjoy and exercise of public power’s rulers, once again, the rule of law thinking is a way of governing; The rule of law thinking emphasizes on rights, cogent accomplish the people-oriented; The purpose of the rule of law thinking is to realize the legal concept of justice; The use of the rule of law thinking, to be on the basis of the legitimacy and rationality.And the concept of legal thinking, the author would like to refer to Mr Guang-hui xiao in the editor in chief of "jurisprudence" materials mentioned in the point of view:legal thinking is(professional) person unique thinking activity and process, it is based on certain legal knowledge, its background of corresponding legal concept and legal consciousness, legal concept and legal language for analysis tools and carrier of thinking, has professional homogeneity in the relatively stable attitude of law and legal position, through the concrete application specific legal methods and techniques,to look at the phenomenon of law, the understanding and the understanding, analysis,synthesis, judgment, reasoning and processing of specialized knowledge and thinking activity and its process. Legal thinking features shown in the following points: to use the body of the main legal thinking is the legal professionals(or legal person); Legal thinking is a kind of application of relevant knowledge of the legal department and technical solutions to social problems; The purpose of legal thinking is the inner spiritof in order to realize the method; Legal thinking has become one; Legal thinking emphasizes the logic and experience analysis, pay attention to the objective effect quite pay attention to the procedural and legal thinking.The author from the subject, object, content, the corresponding concept, subject attribute and evaluation standard, to compare the differences between them. As for the contact between the two: the legal thinking is the premise of the rule of law thinking,the purpose of the rule of law thinking is the legal thinking; Legal thinking is the basis of the rule of law thinking, the rule of law thought is the sublimation of legal thinking in political field; Based on the nature of the rule of law thinking, have the guide meaning to the rule of law thinking of legal thinking; Based on the present situation of legal thinking, the significance of reference to the rule of law thinking of the rule of law thinking; Between rule of law thought and legal thought is in relation to complement each other. So precise analysis and argumentation, believe can offer some help for the country’s legal system construction, to do our second force of thin.