摘要： 弘扬法治精神是依法治国的战略性任务，但学术界和实务界在对法治精神的属性和内容的理解上存在分歧。通过根本性、语境契合性、功能性、涵括性等方面的比较后发现，客观性应是法治精神的基本属性。判断法治精神的框架性原则包括全面性、内在性、开放性与合目的性原则，而提炼法治精神内涵的方法论立场应基于辩证法治观。法治精神的内容据此确定为规则治理与良法善治、自由人权与平等和谐、官民共治与全民守法、积极履责与制约公权、惩恶扬善与以人为本、公平正义与效率效益等六对相辅相成和相互制约的价值内核。法治精神作为法治的价值核心和法治各环节的融贯灵魂，不仅是建制的理性基础、实施的科学指南、时事的应变法宝、共识的连接桥梁，并有助于法体系的完善和法知识的高效习得。弘扬社会主义法治精神，应着力于内化全民认识、寻求伦理支持、贯彻制度正义、完善利益协调、夯实政治基础和优化反馈机制。

关键词: 法治精神, 辩证法治观, 法的精神, 客观性

Abstract: To carry forward the spirit of rule-of-law is a strategic task of managing state affairs according to law. But broad divergences exist in the understanding of the attribution and connotation of the spirit of rule-of-law in both the academia and practice. Based on the comparation from the perspectives of ultimacy, consistence with the context, functionality, coverage, and so on, it is revealed that the objectivity should be the basic attribute of the spirit of rule-of-law. The framework principles judging the spirit of rule-of-law include comprehensiveness, inherence, openness, and purposiveness, while the methodological position refining the connotation of the spirit of rule-of-law should be based on a dialectical view of the rule-of-law. According to the above-mentioned principles and methodological position, the content of the spirit of rule-of-law can be determined as the following six groups value of kernels which both complement and restrict each other: governance of rule vs. good governance with good law; freedom and human rights vs. equality and harmony;official and people co-governance vs. universal law-abiding; performing responsibilities actively vs. restricting  the public power; punishing the evil and praising the good vs. taking people as the foremost; fairness and justice vs. effectiveness and efficiency. The spirit of rule-of-law, as both the core value of the rule of law and the soul that runs through all the links of it, is not only the rational basis of building institutions, scientific guide to carry out the task, and so on, but also contributes to the perfection of legal system and the acquisition of legal knowledge. To carry forward the socialistic spirit of rule-of-law, it is necessary to internalize the whole people’s understanding of it, pursue the support of ethics, enforce the institutional justice, perfect the coordination of benefits, consolidate the political foundation and optimalize the feedback mechanism.

Key words: The Spirit of Rule-of-law, Dialectical View of the Rule-of-law, The Spirit of Law, Objectivity