“法律3.0时代”背景下的“法治中国”

Rule of Law in China under Law 3.0 Era

按照时间顺序和发展内容,可以对现代法制进行三个阶段的划分,分别用"法律1.0时代""法律2.0时代"和"法律3.0时代"来标识。当代世界,以各国的国家法、国与国的国际法和区域一体化的超国家法为三种法律形态,已经步入"法律3.0时代"。三种形态共存构成了全球法律复杂多样的面貌,三者之间的互动使得其中任一类型法律的属性、存在和运行,都会直接受到其他两个的作用和影响。我国目前面临从"法律1.0时代"到"法律3.0时代"三重任务叠加的情形。向内,这指向从民主与法制到"法治中国"的全面建设;向外,这意味着应对、合作、参与全球性的法律秩序建设,其中包括法律规则制度、甚至原则理念的竞争。

Based on the chronological order and substantial development, modern law can be categorized into three phases, namely Law era 1.0, 2.0, and 3.0, respectively. Today＇ s world has stepped into the Law era 3.0 in three forms of laws, which are national laws of each country, international laws between countries, and supranational law originated from regional integration. The coexistence of the three forms constitutes the complex aspect of global laws, and the extensive interactions between the three resulted in the fact that the intrinsic properties, existence and operation of any one will be affected directly by the other two. China is now facing the transition as well as the over- lapping from Law era 1.0 to 3.0. Within China, this situation points at the overall construction from democracy to legal system, and to eventually the ＂Rule of law in China＂. Outside of China, it means to response, to cooperate, and to participate the international law order development, which also includes the competition of the law system, and even the principle and ideology.