论法治的稳定性——法治理论预设前提分析

On Stability of the Rule of Law——The Premise Analysis of the Theories of the Rule of Law

法治具有稳定性,而人治具有不稳定性,但是不管人治或者法治,其作用都依靠人的运作才能实行。因此有必要从政治理论建构的预设前提分析其合理性基础,从而揭示出法治具有稳定性而人治具有不稳定性的内在机理。

There is stability in the rule of law but no stability in the person＇s management. Not only the rule of law but also the person＇s management depends on people. Both of them manage and depend on person. Why is there stability in the rule of law but not stability in the person＇s management？ This paper tries to analyze the rationality of premise of the two political theories and explore the inside mechanism in the two political theories.