共和国法治认识的逻辑展开

Cognitive Process of the Rule of Law in China

与法治的实践需求相呼应,人们的法治认识展现为正名法治、定义法治和量化法治三个主题环节,既共时共存,又陈陈相因、推演张开。其中,正名法治围绕着法律、法制和法治三个概念构成的思维链条展开,定义法治基于普世主义和国情主义两种对应的立场和思路进行,量化法治则是当下意图更加具体直接地连接法治实践的另辟蹊径的努力。总体说来,共和国的法治认识进程,已经使得法治作为问题在理论逻辑上完整展示开来;从结果看,完成了对法治的正当性正名,凸显了法治定义上的立场和观点分歧,开始了对法治实践的量化探索。

In order to examine and promote the research of the rule of law, this essay surveys the cog- nitive process of the rule of law in China, with logical tools from historical perspective, adopting the approach of literature review and confronting the issue directly. The understanding of the rule of law always corresponds to the practical needs. There are three main themes in this issue, that is, the jus- tification, the definition and the quantification of the rule of law. They are not only coexisting with one another, but also caused and developed by others. More precisely, the rule of law is justified by comparing with the concepts of the law and legal system in a logical order. Furthermore, the defini- tion of the rule of law is clarified in the debate over Universalism and localism. And the quantification of the rule of law manifests the country＇ s endeavor to find another way to connect with the legal prac- tice concretely. In a word, the cognitive process of the rule of law has already integrally displayed the logic of the rule of law as a theoretical issue. As the result, this process has already justified the legit- imacy of the rule of law and highlighted the divergence of different standpoints on its definition. At the same time, our country has started the exploration of the quantification of the rule of law.