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社会与国家是人类创造并生存于其间的两个最基本的组织体 ,从法律意义上说 ,它们分别代表着两种不同的价值导向。社会决定国家是国家与社会关系的主要方面 ,法治的真正基础与源泉是社会而不是国家。现代法治是法治国家与法治社会的统一。在当代中国 ,建构以社会为本位的社会主义法治模式是最可行亦是最有效的。目前 ,在法治建设中应确立私法优位理念、社会优位理念和权利优位理念。
Society and state are the two most basic organizations that mankind creates and lives in. In the legal sense, they represent two different values-oriented respectively. Society determines the state as the main aspect of the relationship between the state and society. The real foundation and source of the rule of law is society, not the state. Modern rule by law is the unification of a country ruled by law and a society ruled by law. In contemporary China, it is the most feasible and most effective way to build a socialist model of law based on social standards. At present, in the construction of the rule of law, we should establish the concept of good law in private law, the concept of superiority in society and the concept of superiority in rights.