法律的仪式与信仰——一个宗教与法治的视角

The Ceremony and Belief of the Law——An Angle of View from Religion and Ruling by Law

对于西方法治的成功而言,宗教功不可没,其中之一就是仪式的贡献。仪式具有戏剧性、象征性和神圣性,正是因为这些内在特性,仪式具有了独特的价值和功能。这对法律程序产生了深刻影响,使程序带上了宗教仪式的色彩,而法律也获得了人们内心的认可和信赖。然而这正是中国传统中所缺少的东西,因此我们有必要借鉴西方的经验,建立仪式化的程序。这对法治建设有着重要的意义。

Religion is indispensable to the success of the ruling by law in the west, one of which is the contribution of the ceremony. The ceremony has the characteristics of being dramatic, token and sacred, which make the ceremony have its unique values and functions. All this has deep and far-reaching influences on the law procedure, making it have the color of religious ceremony, which gets the approving and trust of the people. But it is just what the law of China is lack in. Thus, it is of necessity to use the experiences of the west for reference to build up our ceremonial procedure, which is of great importance to the building of a country ruling by law.