德治与法治:国家治理二元方略的互洽

Rule of Virtue and Rule of Law:Interchange of Dualistic Strategies of State Governance

在论及德治和法治间的关系时,时下舆论往往习惯于将德治看作隐匿于威权政体中的话语,是对法治的破坏和扭曲。这种看法来源于人们的文化"前见"和对现代西方法治理论非理性的崇拜。事实上,法治一语并非纯粹的舶来品,德治也不是毫无争议的"地方性话语"。应当通过对比中西法文化背景下法治和德治的关系,以及各自的合法性、正当性证成路径,发掘西方话语体系下法治中的道德含量,发现东方语境中德治所蕴含的法规则意识。以此为基础,研论依法治国与以德治国相结合作为治国的方略,是在接续传统基础上国家治理合法性和正当性的互洽证成。

When discussing the relationship between rule by virtue and rule of law, the current public opinion tends to regard ＂rule of virtue＂ as a discourse hidden in authoritarian regimes, which is the destruction and distortion of the rule of law. This view originates from people＇s cultural ＂pre-knowledge＂ and the irrational worship of modern Western rule of law theory. In fact, the rule of law is not a purely exotic idea, and the rule of virtue is not the undisputed ＂local discourse＂. We should find out the relationship between the rule of law and the rule of law in the context of Chinese and Western cultures, as well as the paths for their legitimacy and appropriateness. Also ,we need to discover the moral content of the rule of law in the Western discourse system, and discover the awareness of rules and regulations contained in the rule of virtue in oriental context. On the basis of these discussions ,we can further discuss the state governance strategy that combines the rule of law with the rule of virtue. This is the reciprocal validation for the legitimacy and appropriateness of state governance on the basis of continuing the tradition.