法治战略实施的“战术”问题

On the＂ Tactics＂ Implementation of the Rule of Law Strategy

主持人语：近些年来,法学界无论是在法治的实现路径,还是在法学研究都出现了方法论的自觉意识,甚至还出现了教义学法学与社科法学在“方法论”上的激烈争论。对研究和解决问题方法论的重视是对我国学界轻视方法论的矫正。长期以来,我们一直把以辩证法为核心的认识论当成解决问题的方法论。但实际上认识论只是解决问题的前见性因素,它本身并不是解决问题的方法。

The proposition of ＂the rule of law strategy needs the tactics （ legal method） coordination＂ that is in Chinese context. Because the proposition meaning in the Western is reversed that ＂ the rule of law tactics （ legal method ） requires the rule of law strategy coordination. The west firstly knew well the legal method or technology, and then appeared to the rule of law strategy. Re- cently, the performance of western rule of law strategy in other countries is the main of peaceful evolution strategy. However, in China, the rule of law is the first turning on political strategy, then we found that on the rule of law strategy that there is no posi- tion about legal methods, the strategy has no coordination with tactics. When we think the strategy coordinates with tactics, we al- so find that many Western politicians pointed out against the legal methods in the rule of law strategy to the extreme political strat- egy, and considered too delicate legal methods are likely to lead the thinking towards the opposite of the rule of law . In China, because without legal methods leads to the rule of law strategy hardly implements, therefore that needs to be reminded of the rule of law strategy should coordinate with legal methods and technology. Only in this way can we really learning the experience from Western rule of law, and flourish the effect in China.