“规则认同”对中国法治的意义——基于文化背景、价值取向和资源禀赋的评析

The Significance of “Identification of rules” to Rule of Law in China:Analysis based on Cultural Background,Value Orientation and Resource Endowment

中国逐渐走向现代法治以来,凡立法、司法和相关理论研究,无不以法治为中心。对于理论法学而言,从不同角度上论说了法治是规则之治,而规则之治始于规则认同。通过从文化背景、价值取向和资源禀赋的类型化评析,将发现关于规则认同,仍有不足需要阐明,仍有反思尚待做出。阐明不足和做出反思有助于理解理论和行动之间的互动,这种互动体现着规则和事实之间的因果关系,体现着建设中国法治的正当性和现实性。

Since China is gradually moving towards the rule of law,the studies of legislation,judicature and related theories have centered on the rule of law. For jurisprudence,it is said that the rule of law is the rule of rules,and the rule of rules begins with the identification of rules. Through the type analysis of cultural background,value orientation and resource endowment,it will be found that there are still deficiencies to be clarified and reflections to be made. Clarification of deficiencies and reflection help to understand the interaction between theory and practice,which reflects the causal relationships between rules and facts,and the legitimacy and reality of the rule of law in China.