论法律评价中的法治精神与法治文化

摘要

The spirit of rule of law runs through the whole process of legal evaluation by virtue of the law value embodying good law and good governance. Legal evaluation is the practice carrier of the legal culture; while the spirit of rule of law is its spiritual expression. The spirit of rule of law not only consciously mirrors the legal culture demonstrating the law values but also penetrates into the legal culture so as to"achieve self-awareness". The legal culture is characterized by constitutionality, legality and rationality.%法治精神通过体现良法善治的法治价值贯穿于法律评价的整个过程。法律评价是法治文化的实践载体，法治精神是法治文化的精神表达。法治精神既通过彰显法治价值自觉映现法治文化，又深入法治文化层面“达到自我意识”。法治文化具有合宪性、合法性和合理性特征。