论“个性自由”与“法治国家”的关系

On the Relationship between Freedom of Individuality and Nation of Law

法治国家和法治社会的建设 ,需要重新理解个性自由及个性自由与法治国家的内在逻辑联系 ;明确“个性解放”是个人生产力的解放 ;个性自由是法治国家的价值目标 ;法治国家将个性自由和个人创造性生产能力的保护原则上升为法治国家原则。提倡在法治规范下的“个性自由和解放” ,通过个人创造性劳动的自由发挥 ,创造个人财富和社会财富 ,发展社会生产力 ,并以此建构尊重个性、崇尚个性自由、发展全面个性的法治文化 ,以此建设中国法治国家。

The civilization of rule of law needs to be based on the individuality culture. At present, the construction of rule of law in China is lacking support of individuality culture. The economic base of individuality culture has been accumulated since the reform and open up policy. The restricted zone of individuality liberty study has been broken and it has been specified that the liberation of individuality is the liberation of individual productive forces and the liberation of social productive forces. All these are helpful to construct Chinese culture of law.