法律是一个不断发展、变化的过程,在政治国家里这一过程是靠一元命令来完成,而在法治国家则主要靠多元对话来进行。法律的对话过程具有至少三个特征:自由、公开与平等。法律“是”或者“应该是”什么应由自由、公开、平等的对话来决定,而法律的对话也有助于保障公民合法权利。本文以“许霆案”为例,对借助法律的对话达到维护公民权利的过程进行阶段分析。 Law is a process of continuous development and change. In the political countries, the process is completed by a single order. In the rule of law, however, the process is mainly conducted through a pluralistic dialogue. The process of legal dialogue has at least three characteristics: freedom, openness and equality. Law “Yes” or “Should be” What should be determined by a free, open and equal dialogue, and legal dialogue also helps to safeguard the legitimate rights of citizens. This paper takes “Xu Ting” as an example, and conducts a stage analysis of the process of using civil law to safeguard civil rights.