中国法治话语的理论探析与本土法治方言的建构

Theoretical reflections on the law discourse power and constructions of rule of law with Chinese characteristics

随着中国特色社会主义法治理念的提出,中国的法治话语逐渐引起重视,在长期学习苏联法治经验和受到西方法治话语的推力下,我国的本土法治方言没有发出应有的声音。因此,本研究在分析中国法治话语缺失原因的基础上,凭借福柯有关权力话语的认识,提出了建构中国特色法治话语的法律实质渊源、价值观和法学研究方法论。

As the development of socialist concept of rule of law with Chinese characteristics,the power of law discourse in China has been paid attention gradually.After learnt from law experience of Soviet Union in a long-time and pulled by western power of law discourse,the power of law discourse in China was not formed as it should be.Based on the reasons of Chinese powerdeficiencyof law discourseand the knowledge of the theories of Michel Foucault,this article give some suggestion in constructing rule of law with Chinese characteristics,including virtual sources,values and methodology of law.