政治与法律的良性互动——英国法治道路成功的根本原因

Positive Interaction between Politics and Law——The Mystery of the Successful Law-rule Road of Britain

政治和法律既相辅相成,又相反相克。二者关系结构的不同,直接影响着甚至决定着一个国家的法治文明进程。英国的法治道路是一条较为顺畅的成功之路,其成功的根本原因在于政治与法律之间建立和保持了一种良性互动关系。16世纪以前,适度强大的政治权威促成了英国法治传统的生成以及自治型、制度化普通法体系的建立和衡平法的产生。16～17世纪,借助于普通法制度积极有效的制衡作用,英国有幸绕过了绝对专制统治的历史弯路,先于其他各国跨入了现代法治社会。认真总结英国法治经验,对于当前我国的法治建设事业无疑是大有裨益的。

Politics and law are both complementary and opposite to each other. The different structure of relations between the two affects directly or even determines the civilization process of the rule of law in a country. The law-rule course of Britain is a smoother success road. The basic reason of success to this road lies in an establishment that keeps the positive interaction between politics and law. Before the 16 century, the moderate strong political authority helped to bring about the birth of the early law-rule tradition and the establishment of the common law system that is of autonomy type and systemizing, and the origin of equity. In the 16-17 centuries, having the aid of actively valid check and su- pervision function from the common law system, Britain was lucky to round a historical tortuous path of extremely au- tocratic rule, and to go into the modern law-rule society before all other states. To sum up conscientiously the British experience to rule by law, and to explore its successful mystery, is a great benefit doubtless for the law-rule construction in our country.