民初时论中法治精神管窥

On the Discussion of the Spirit of the Rule of Law in the Early Republic of China

民国初期,时人结合社会实际,以报刊杂志为阵地,学理诠释了法治思想的主要内涵,如界定"法治"概念,厘清法治与人治、德治关系,确立法治基本原则与追求完美法治形式等。同时,深入批判法治实施过程中立法、执法与守法等方面形式与精神的悖离,并积极探索完善法治的实施途经,欲藉构建完备法治理论、培育法治精神、提倡政府主导、增强政党作用等以达到建立完美法治社会之目的。

Based on social practical, the intellectuals annotated the main connotation of the thought of the law depending on newspapers and periodicals. They doctrinally contributed to the definition of rule of law, dearly distinguished the relation between rule of law and the rule by man, established fundamental principles of rule of law as well as sought the perfect form of role of law and the like in the early Republic of China. They further criticized the segregation of the spirit and the form during the enforcement of the legislation, execution and law abiding in the mean time. They sought to achieve the objectives such as constructing the complete theory and cultivating the spirit of rule of law, advocating the leading role of the government as well as enhancing the functions of the parties in order to set up a perfect society rule of law.