我国法治建设进程中的文化困境探析

An Explorative Study of the Cultural Dilemma in China's Law Construction

我国的法治建设在理论和实践层面存在双重困境,究其原因与我国传统法律文化中的权力观、权利观、公私观、规则意识,以及由此形成的规则体系存在内在关联。近现代以来,我国也试图进行走出传统、迈向法治的努力,但是,终因传统文化的影响,以及社会转型、权力集中的国际现象、宪法权威的羸弱等原因,法治国家建设的步伐显得越发沉重。继承并弘扬优良传统,形成区域特征明显的社会主义文化,以体现社会主义制度的优势应成为今后中国法治建设的关键。

The double dilemmas of China's law construction in theory and practice could be attributed to the internal link among our perspective on power, rights, public and private ownership and rule consciousness as well as their subsequential rule system.We have taken on enormous efforts to rid of barriers of traditions and modernize rule of law. However, our steps towards running the state according to law are increasingly heavy, discouraged from traditional cultures, social transformations, the international phenomenon of power centralization,the debility of constitutional authority. The ongoing critical measures for China's law construction lie in our inheritance and upholding of virtuous traditions and develop the socialist culture with obvious regional features to manifest the merits of socialist institution