GRE写作Issue部分精品素材分享之法治的概念

2015年08月20日16:18 来源：小站整理

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政府作用： 个人依赖政府来对抗科技负面影响的三大途径

Individuals rely on governmental assistance to control the side effects and negative consequences of technology.

1. Supposed independence of government. An assumption commonly made about the government is that their governance role is neutral or independent. However, some argue that governing is a political process, so government will be influenced by political winds of influence. In addition, because government provides much of the funding for technological research and development, it has a vested interest in certain outcomes. Others point out that the world‟s biggest ecological disasters, such as the Aral Sea, Chernobyl, and Lake Karachay have been caused by government projects, which are not accountable to consumers, so governments should stay out of industry entirely.

2. Liability. One means for controlling technology is to place responsibility for the harm with the agent causing the harm. Government can allow more or less legal liability to fall to the

organizations or individuals responsible for damages.

3. Legislation. A source of controversy is the role of industry versus that of government in maintaining a clean environment. While it is generally agreed that industry needs to be held responsible when pollution harms other people, there is disagreement over whether this should be prevented by legislation or civil courts, and whether ecological systems as such should be protected from harm by governments.

Recently the social shaping of technology has had new influence in the fields of e-science and e-social science in the United Kingdom, which has made centers focusing on the social shaping of science and technology a central part of their funding programs.

法治的概念

The rule of law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will.

Perhaps the most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.

According to modern Anglo-American thinking, hallmarks of adherence to the rule of law commonly include a clear separation of powers, legal certainty, the principle of legitimate expectation and equality of all before the law.

宾厄姆勋爵观点： 法治的八大规则

Lord Bingham of Cornhill postulated eight sub-rules of the rule of law. It should be noted that Bingham takes a strongly substantive view on the rule of law, and that these sub-rules would be subject to fierce criticism by journalists.

1. The law must be accessible and so far as possible intelligible, clear and predictable.

2. Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.

3. The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.

4. The law must afford adequate protection of fundamental human rights.

5. Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.

6. Ministers and public officers at all levels must exercise the powers conferred on them reasonably, in good faith, for the purpose for which the powers were conferred and without exceeding the limits of such powers.

7. Adjudicative procedures provided by the state should be fair.

8. The state must comply with its obligations in international law, the law which, whether deriving from treaty or international custom and practice, governs the conduct of nations.