现代评论派法治理念探析

On the Concept of Rule of Law of School of Modern Critics

现代评论派是1920年代中后期出现的政治派别,秉持法治理念。其法治理念的形成与该派别多数成员有和法律相关的教育与职业背景有关,法治不仅是现代评论派的"话术"和分析工具,也是其重要价值追求。其法治理念主要体现为:呼吁构建一个完善的现代法律体系;提倡从法律层面分析、评论国内外问题;提出了实现法治社会的基本路径。由于社会的黑暗和政治的险恶,建构法治社会在当时只是一厢情愿,其自身甚至也从法律走向政治,寻求法律之外的"非常手段"。

The school of modern critics is a political faction appearing in the late 1920s, which uphold the rule of law. The formation of its concept of rule of law was related to legal education and legal profession background of the majority of the members of the faction. Its concept of rule of law is mainly reflected in that calling for the building of a modern legal system; advocating comment on domestic and foreign issues from the legal aspects; presenting basic path to achieve a society governed by the rule of law. But constructing a society governed by the rule of law is just wishful thinking at that time, due to the darkness of the social and political sinister. As a result, the school itself even came from law to politics, to seek outside law 'extraordinary measures'.