“以法治国”与“依法治国”政治伦理之比较

The Comparison of the Political Ethics between Ruling by Law and Ruling of Law

“以法治国”与“依法治国”思想都体现了法律的工具理性和价值理性，但侧重点不同，前者突显法律的工具理性，后者强调法律的价值理性。本文阐释了法家“以法治国”政治伦理与当代社会主义国家“依法治国”精神的内涵及其政治伦理特性，深入分析了现代司法实践面临的两难困境即形式合理性与实质非理性的矛盾，在此基础上，提出克服困境的“三个转换”的建议，得出依法治国与以德治国相结合的结论。

The thoughts of ＂rule by law＂ and ＂rule of law＂ embody the tool rationality and value rationality of the law with respective focuses. The former emphasizes the tool rational of the law, and the latter emphasizes the value rational of the law. This paper expounds the connotation and their political ethics characteristics of the ＂rule by law＂ and ＂rule of law＂ in the contemporary socialist countries. And the author analysises in-depth the dilemma of the formal rationality and the substantive rationality contradiction the modern judicial practice facing. On the basis, the writers put forward proposals of the ＂three changes＂ that overcame the difficulties. In our opinions, we should integrate the rule of virtue with the rule of law.