自西方资产阶级革命成功之后,人权思想就被写进世界各国的宪法之中,成为现代文明国家与社会的基石。在人权理论与实践高度发达的时代背景下,我国的人权保护工作已经得到了长足的发展,但仍有提升的空间。个别行政机关、社会团体甚至是司法机关侵害公民人权的事件屡有发生。究其原因,行政思维与法律工具主义在我国曾一度是主导性的思维方式。运用法治的思维和方法管理国家事务,进行社会管理已成为现代政治文明的重要标志,建设法治社会必须要在我国建立起以法治思维为主导的思维方式。 Since the success of the bourgeois revolution in the West, the human rights thought has been written into the constitutions of all countries in the world and has become the cornerstone of a modern and civilized nation and society. Against the backdrop of the highly developed theory and practice of human rights, the protection of human rights in our country has made great strides, but there is still room for improvement. Several administrative organs, social organizations and even judicial organs have infringed upon the human rights of citizens frequently. The reason, administrative thinking and legal instrumentalism in our country was once the dominant way of thinking. To use the rule of law thinking and methods to manage state affairs and to carry out social management has become an important symbol of modern political civilization. To establish a society ruled by law, we must establish a thinking mode dominated by the rule of law in our country.