人性论冲突与选择——当代社会治理理念的法文化辨析

Conflict and Choice in Human Nature——Interpreting Modern Social Governance Ideas from Legal Culture Perspective

民族的伟大复兴与国家的和平崛起均需要具有强大生命力的民族文化为支撑。改革开放三十余年来,引领我国法文化与制度建设的当代社会治理理念,来源于以人性恶为思想基础的西方现代法治文化,这一理念与沉淀数千年已深深根植于华夏民族心灵深处的、以人性善为思想基础的社会治理理念和关于法的价值的思想是完全割裂与脱节的,其效果也不尽如人意。在中华传统文化（包括法文化）相对于西方文化而具有的世界意义越来越突出的今天,就社会治理理念而言,在矛盾与冲突中正确地选择与修正,走中西汇通之路已成为必然。

National culture works as an indispensable pillar which ensures the revival and peaceful rise of a nation. Since the implementation of the Reform and 0pening-up policy, modern social governance ideas originate from the modern legal culture in the West based on the theory of evil human nature, which have been guiding the construction of legal culture and system. And it is entirely isolated and separated from the theory of good human nature which has been deeply rooted among Chinese people for thousands of years, thus it has not worked as well as expected. With the emerging status of traditional Chinese culture （inclusive of legal culture） in the world, it is necessary to take a path integrating Chinese and Western culture as to social governance ideas, appropriately choosing and modifying ideas among contradictions and conflicts.