当代中国法治“表层化”原因探析

Exploration on the Reasons of "Superficial Phenomenon" of the Rule by Law in Contemporary China

法治的"表层化"是指我国在推进依法治国方略的进程中,对法治形式和法治内容理解的脱节,所呈现出来的是对法治理解的表面化、肤浅化和形式化,尤其是对法治精神理解的空洞化。法治的实现是一个融合市场经济、民主政治及法律文化的总体性进程。本文从我国经济、政治和法律文化的角度分析了法治"表层化"的原因,提出了克服法治"表层化"的具体路径。

The superficial phenomenon of rule by law refers to the understanding disconnection of the form and content of rule by law in the process of promoting the strategy of goveming the country according to law, especially the hollow spiritual understanding of rule by law. The realization of rule by law is an overall process that involves market economy, democratic politics and legal culture. This paper analyzes the reasons of the superficial phenomenon from the point of view of economy, politics and legal culture, and puts forward some countermeasures.