摘要
实事求是是马克思主义中国化的理论精髓,是中国特色社会主义法治思想的理论基石。法治体系始终在调和认知、规范和实践的关系,实事求是就是一种处理三者关系的程序理论,它包含了"从实际出发—主张正确性—理论证立—实践检验—达成共识"等五个环节。由此出发,实事求是作为政治原则,在以党章为首的党规体系当中,体现为探索与纠偏机制、证立与实践检验机制以及深入群众的审慎理性机制。在党规与国法相统一的中国特色的政法体制中,实事求是发挥着党规对国法的引领作用。在立法领域,它化解了科学立法与民主立法的紧张关系,有助于实现最大程度的立法共识;在司法领域,它体现为"事"上严格遵循证据规则,"是"上严格遵循疑罪从无,"求"上严格遵循依法纠错,破除无罪推定、程序正义等形式价值的教条化,实现客观公正、人民满意的司法裁判。
The theory of seeking truth from facts is the theoretical essence of the Sinicization of Marxism and the theoretical cornerstone of the thought of socialist rule of law with Chinese characteristics. The legal system is always reconciling the relationships among cognition, norm and practice. Seeking truth from facts is a procedural theory that deals with such relationships. It consists of five links: proceeding from reality, claiming correctness, theoretical justification, practical test and reaching consensus. From this point of view, seeking truth from facts, as a political principle, is embodied in the exploration and correction mechanism, the justification and test by practice mechanism, and the prudence and rationality mechanism in the Party regulation system with the Party Constitution as the core. In the political and legal system with Chinese characteristics, in which Party regulations and state laws are unified, seeking truth from facts plays an important role in realizing the guidance of state laws by Party regulations. In the field of legislation, it eases the tension between scientific legislation and democratic legislation, and helps to maximize legislative consensus;In the judicial field, it is embodied in the principle of strictly following the rules of evidence in terms of "fact", the principle of innocence until proven guilty in terms of "truth", and the principle of correcting errors according to law in terms of "seeking", thereby preventing dogmatism of the presumption of innocence, procedural justice and other formal values, and realizing the objective and fair judicial judgment to the satisfaction of the people.
出处
《环球法律评论》
CSSCI
北大核心
2021年第4期5-20,共16页
Global Law Review
