法治:实现自由与秩序和谐的路径

Rule of Law:The Way to the Realization of Freedom and Order Harmony

我国选择"法治"这一治国方略或社会调控方式有着其内在的逻辑。法治,善法之治,其核心价值是自由,故其以保障自由为本能,为关怀自由而合理限制自由。法治,正义之法,其基础价值是秩序,故其以维护秩序为己任,依正义而甄选秩序。自由与秩序是矛盾关系,法治为两者的对立统一、实现和谐提供了独一无二的路径。

There is an inherent logic in choosing rule of law＂ as the government strategy or social control in China. The rule of law, the governance＇ of good law and freedom as its core value, has the instinct to protect the freedom and cares about the freedom by restricting reasonable freedom. The rule of law, the law of justice and order as its basic value, fulfills its duty of maintaining order and selects the order by justice. The relationship between freedom and order is contradictory. The rule of law is the unity of freedom and order and offers the unique path to realize freedom and order harmony.