试论中西法治的三大历史落差

Comments on the Three Wide Historical Gaps about Rule of Law in China and Western Countries

中国和西方社会在法律发展史上具有较大历史落差。西方社会具有较清晰的法治线索，法治思想、立法活动、司法过程等诸多方面的启蒙和发展均早于中国，形成了较为发达的现代法治体系。中国法治思想数千年来一直纠缠于礼与法的斗争之中，立法粗疏，诉讼过程专横，使现代法治的形成具有诸多先天不足因素。在建设社会主义法治国家进程中，必须重视中国传统文化的影响和国情特徵，不可类比西方，更不可模仿或全盘照搬英美，必须坚持有中国特色的法治道路。

China and the western countries have great historical variance in the process of law development. The western society has a clearer clue of rule by law. The initiation and development of western countries＇ idea ＂rule of law＂, legislation, judicial process and some other aspects are earlier than China, and they have formed a more developed modem system of rule of law. The Chinese ideas about rule of law in several millenniums continuously pestered in the struggle of Li and law. The legislation carelessness and the despotism of lawsuit process bring some congenitally deficient factors to the formation process of modem rule of law in China. In the construction of socialism country under the rule of law, the influence of China traditional culture and the national condition characteristic must be important. It is impossible for China to make a way of analogy or imitate western countries, and China must persist on the Chinese characteristic path of rule of law.