略论当代中国法理学的几个基本问题

Some Basic Issues of Contemporary Chinese Jurisprudence

本文以当代法理学基本问题为切入点,具体分析了中国当代法理学的两难处境及其基本问题。中国当代法理学不同于西方当代法理学,其基本问题乃是建设现代法治秩序和接续新旧传统。只有夯实自己的法治根基,才有能力应对当代风险社会的新挑战。

Proceeding from basic issues of contemporary jurisprudence, the author analyses the predicament of contemporary Chinese jurisprudence and basic issues it faced in a detailed way. The author holds that basic issues faced by contemporary Chinese jurisprudence are the building up of modern system of rule of law and following both new and old traditions, as contem- porary Chinese jurisprudence is different from contemporary Western jurisprudence. Only by laying a solid foundation for rule of law, can China be able to tackle new challenges posed by contemporary risk society.