法治概念的性质探析

The Tentative Analysis of the Nature of the Conception of the Rule of Law

法治概念是法治理论的基础,也是建设社会主义法治国家的理论前提。对法治概念性质的不同理解,内在地包含着对法治建设内容的不同规定,甚至内在地规定着法治建设的不同模式。从性质上讲,不能把"法治"概念局限在法律自身范围之内而仅仅将其视为一个纯粹的法学概念,法治内在地包含着道德价值追求和基本政治原则,甚至包含着对法律的热忱和信仰。法治应该是一个综合性概念,因而法治建设也就是一个融政治建设、法制建设和道德建设于一体的综合性社会工程。

The conception of the rule of law is both the basis of the theory of the rule of law and the theoretical prerequisite to building the socialist state, which is ruled by law. The different understanding of the nature of the conception of the rule of law inherently contains the different stipulation of the construction of the rule of law,even stipulates the different model of the construction of the rule of law. In a sense of the nature, we cannot limit the conception of the rule of law in the domain of the law, and just look it as a purely legal concept. The conception of the rule of law contains the pursuit for the morality value and the stipulation of basic principles of the politics, even contains the zeal and belief to the law. The rule of law ought to be a comprehensive conception. So the construction of the rule of law is also a comprehensive project of society, which includes the politics construction, legal system construction and morality construction.