The basic contents of the rule of law thinking are: supremacy of law, restriction of power, fairness and justice, protection of human rights and due process. Legal thinking mode is a special kind of thinking, and it is the thinking mode of legal person to think, analyze and solve problems according to legal logic in the decision-making process.
Legal thinking is a unique way of thinking for legal professionals, and it is also a way of thinking for legal persons to think, analyze and solve problems according to legal logic in the decision-making process, or a way of thinking. An ordinary person may say "this watch is broken" when he sees that this watch doesn't work, but a judge or lawyer will only say "this watch doesn't work" when he sees that this watch doesn't work, and never say "this watch is broken". This is the thinking difference between ordinary people and legal persons.
The study of legal thinking in China's legal circles is still a weak link, and it is difficult to find such a formulation even in regular legal textbooks. However, it is of great significance to study legal thinking under the background of rule of law. It is not only the reflection of legal professionals on their own working methods, but also an active attempt to highlight the tension of the rule of law itself. Logically speaking, legal thinking belongs to the concept of thinking because the word "law" is used as an attribute, and legal thinking cannot be divorced from the general stipulation of thinking.
Therefore, in order to define the concept of legal thinking, we should first start with the study of thinking in a universal sense. As a unique function of the human brain and a unique activity of human beings, thinking is the object of scientific research in logic, philosophy, psychology, physiology and other disciplines. Because of the different research angles and academic contexts, thinking is inevitably ambiguous.
Legal thinking mode is a special way of thinking, which refers to the thinking of professional legal groups according to the law.
Character is a mindset formed by abstracting and summarizing people's thinking tendency, and it is a way to understand social phenomena influenced by legal consciousness and operation methods. The characteristics of legal thinking mode mainly include: legal thinking is a normative thinking; It is a way of thinking about all behaviors from the standpoint of evil human nature; It is a realistic way of thinking for the purpose of seeking benefits. The basic contents of the rule of law thinking are: supremacy of law, restriction of power, fairness and justice, protection of human rights and due process.