正善治, 出自《道德经》第08章,意思是,公平正义的关键是良好的治理能力。
自然环境中,万物靠大道,万事有天理,一切都是公平的,正常的,自然的;人类社会里,一切靠法律,凡事讲规矩,但人有意识也有欲望,总会践踏法律,违反规矩,所以,必须治理。正义和公平是社会的基本准则和基础,维护公平和正义需要司法和治理,唯有治理才能实现公平,只有维护才能获得正义。
善是能力,也是关键;公平和正义是目的,治理是方法,善于治理就是遵守广泛认同的法律,采用公开透明的程序,依据确切完整的证据,任用正直善良的法官,做出符合公众利益的裁决,树立引导社会行为的规范。
The key-point to fairness and justice is good governance.
In the natural environment, everything is determined by Tao, everything has its natural rules, and everything is fair, which are normal and natural. In the human society, everything depends on the law and rules, but people have consciousness and desire, and they always trample on the law and violate the rules. Therefore, they must be governed. Justice and fairness are the basic norms and foundations of society. To maintain them, we need justice and governance. Only governance can achieve fairness, and only maintenance can achieve justice.
Shan is the ability and the key; fairness and justice are the purpose, governance is the method, good governance is to abide by widely recognized laws, adopt open and transparent procedures, appoint honest and good judges based on accurate and complete evidence, make decisions in line with the public interest, and establish norms to guide social behavior.
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