论法治的条件——从古今中国法律环境的比较探讨法治社会

Conditions of Rule by Law Analyzing Society Ruled by Law by Comparing Environments of Law in Ancient China with Modern China

法治是一种比人治更好的治国方略,法治的产生是市场经济、民主政治、理性思想等外部条件和立法、执法、司法、法律意识等内部条件的综合产物。我国古代及解放初,盛行人治而未形成法治社会,其主要原因是当时不具备法治的内外条件。如今我国正在向法治化道路迈进,但法治化道路上还有许多障碍。认识法治社会的内外条件,致力于法治社会内外条件的建设,对构建法治中国具有重大意义。

Rule by law is a better way than nile by men. It is the combination of exterior conditions such as market economy, democracy, rational thinking and interior conditions such as legislation, executing the law, judicature, legal consciousness. The ancient time and a short time after liberation were ruled by men, not by law, mainly because there were no exterior or interior conditions about rule of law then. Today we have awakened from rule of men and recognized the value of rule of law, advancing towards democracy. But there are many obstacles because. So it is important to recognize exterior and interior conditions of society ruled by law and engaged in building exterior and interior conditions of society ruled by law.