陈启天“新国家主义”法治思想及其当代价值

The Law Ruling Thoughts of Chen Qitian's New Nationalism and Its Contemporary Value

面对近代中华民族危亡的时局,陈启天以"新战国"为时代判断背景,以"新国家主义"为理论基础,提出了以"国家至上"为核心内涵、以救亡图存为急务、以建设法治民主的近代民族国家为基本追求的"新法治主义",系统地阐述具有现代理论内涵的民主法治论的基本架构。陈启天的法治理论不仅对于当时的救亡运动、国家建构、公民教育等多个方面产生了积极推动作用,其所蕴含的丰富法治理论资源,对于当下的法治中国建设依然具有独到的启发意义。

Confronting with the current situation of the national crisis in modern China,Chen Qitian used "new warring states" as its time judgment and "new nationalism"as the theoretical basis to propose the "new rule of law"which regards "national supremacy"as its core content,saving the nation as its urgent task,and building a modern nation state with the rule of law and democracy as its basic pursuit.He systematically expounded the basic framework of the theory of "democratic constitutionalism"with the connotation of modern theory.Chen Qitian's theory of rule of law not only "played an active role in promoting the national salvation movement,national construction and citizenship education at that time,"but also enriched the resources of the theory of rule of law,which still have unique enlightenment significance for the current construction of the rule of law in China.