《政治学》中法治路径的建构及其当代意蕴

The Construction of the Path for Rule by Law in Politics and its Contemporary Implication

在《政治学》中,亚里士多德对法治进行了全方位的阐述,而法治路径的建构是其中之重要内容。他从希腊诸邦的政治实践出发,建构了实现法治的路径,即崇尚立法的权威、博弈和民主,强调执法的严格、灵活和人性,重视法律的稳定、法治教育和德育。《政治学》的这一思想在立法、执法、司法以及守法等四个方面给予了我们极其重要的理论资源和现实启示,有助于我们加快推进全面依法治国的进程,实现科学立法、严格执法、公正司法、全民守法的法治理想。

In P o litic s, Aristotle expounded rule by law in an all - around way, and the construction of path forrule by law was the important content in it. He started from the political practice of the states in Greece, and constructedthe path for realizing rule by law-namely, upholding the authority of legislation, game playing, and democracy; emphasizing the rigor, flexibility, and humanity in the enforcement of law; highlighting the stability oflaw, legal education, and moral education. This idea in P olitics may give us very important theoretical resource andreality enlightenment in four aspects： legislation, enforcement of law, judiciary, and law - abiding. It will be helpfulfor us to promote the process of government by law in an all - around way, and realize the legal ideal in scientificlegislation, strict enforcement of law, judicial justice, and law - abiding of all the people.