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有阳光的地方就有阴影。灾难,始终是人类在文明旅途中如影随形的阴影。灾难,也是一面可以折射人性和制度的透镜,人性的勇敢与怯懦、坚忍与恐惧、互助与自私,制度的完善与缺损,等等,都可以在灾难的透镜下一览无余。灾难,让人性感受到锤炼的力量,也为制度提供了创新的契机。SARS 就是这样一种拷问和考验人性与制度的灾难。作为从事法学研究的学者,我更想从法治的视角探讨 SARS 与法治的关系,关注后 SARS 时代中国的法治进程问题。诚然,为了应对和处置 SARS 之类突发灾难,有必要超乎常规地将社会秩序和政府行为纳入非常时期的“快车道”,不过,这种“快车道”应当是紧急
There are shades of sunlight. Disaster is always the shadow of mankind in the civilized journey. Disaster, but also a lens that reflects human nature and system, human courage and cowardice, perseverance and fear, mutual assistance and selfishness, perfection and defect of the system, etc., can be glanced under the lens of disaster. Catastrophe, people feel the power of temper, but also for the system provides an opportunity for innovation. SARS is such a disaster that tests and tests human nature and institutions. As a scholar engaged in law research, I would like to explore the relationship between SARS and the rule of law from the perspective of the rule of law and pay more attention to the issue of the rule of law in China after the SARS era. It is true that in order to cope with and deal with unexpected disasters such as SARS, it is necessary to incorporate social order and government behavior into the “fast track” of the extraordinary period unconventionally, however, this “fast track” should be an emergency