“法治”初探——中西“法治”概念之比较

Exploration on "rule of law":A Comparison of Chinese and Western concept

法治建设应该首先明确法治概念的内涵和要素。由于哲学基础、社会结构、国家形态的不同,中国传统历史文化中虽然有"法治"这一用语,但在概念上与西方通用的内涵大有差异,体现了背后法律思维趣味的不同。中国不曾有过西方近代意义上的法治,法治概念在中国出现才仅仅有百余年历史,我国法治精神的培养和法治建设依然任重而道远。

Building a society under rule of law should first make it clear that connotation of the concept and elements of rule of law. In this paper, after a comparison of Chinese and Western concept of rule of law, we cart see the concept is very much different although both seems similar .And this differentiation is probably very different from the social structure and cultural traditiotts, respectively. China did not have the modern Western sense of the rule of law, the concept of the rule of law in China is just over a hundred years old.So we still have a long way to go to cultivate the spirit of the rule of law.