奠定法治的社会结构条件在中国的初步形成——以交往行动理论为基础

The Initial Formation of the Social Structural Conditions for the Establishment of the Rule of Law in China——Based on the Theory of Interaction and Action

奠定现代法治的社会结构基础是生活世界的理性化或结构分化、系统分化和法律与法学的分化。40年的改革开放使中国人逐步地个体化和自主,策略行动大规模地与交往行动分离,人们的生活世界逐步走向理性化。随着中国经济的发展,经济作为一个系统被独立出来,而随着中国经济的逐步市场化,其他亚社会系统也不断地分化出来。与此相适应地,中国法律开始与中国传统道德相分离,法律部门被划分得更加清晰,法学也在不断地朝着独立科学的方向而发展。

The modem rule of law is founded on the rationalization of the living world, the differentiation of social system and the separation of law and legal science. China＇s traditional social structure started to change from the last years of Qing Dynasty to the collapse of Nanjing Regime of KWT, and was completely dismantled when the totalistic society of new China was established. During last 40 years, the individualization and autonomy of people is growing, the strategic action has separated on large scale with interactive action, and people＇s living world gradually turned rationalized. As China＇s economy heading towards the marketization, the economic system became more and more independent. While along with economic marketization, the other sub systems have been gradually separated. Correspondingly, China＇s law started to separate with traditional morals. The legal departments have been categorized in more details, and legal science has been developing towards an independent discipline.