中国法治主体性的文化向度

Culture Dimension of the Subjectivity of the Rule of Law in China

党中央在治国理政方面的战略安排与决策部署的科学性源于对中国与世界、现代与传统关系的正确把握,而十九大报告则生动地体现了对这些关系的把握。十九大报告对这些关系的把握体现在对"弘扬中华传统文化"和"推进全面依法治国"的强调上。中国要在未来发展中找回自我,就必须弘扬传统;中国要在未来发展中融入世界,就必须厉行法治。现代法治是"人"的法治,而人又是生活在文化传统中的,所以法治离不开传统。中华文化的个性注定了中国的法治必然有其独特性,当下中国必须重塑中国法治的主体性。传统中的"天下"观念、"天人合一"理念、"中庸和合"思想、性善论和强调教化以及亲伦传统、民本思想等构成了支撑中国法治主体性的要素。传统与现代法治对接的途径是传统文化的创造性转化和创新性发展,而人类的共同价值则是这种创造性转化、创新性发展的方向。

The scientific nature of the strategic arrangement and decision-making of the CPC Central Committee in governing the country＇s political affairs is derived from the correct grasp of the relationship between China and the world, modern and traditional. The report of the 19th CPC National Congress vividly reflects the grasp of these relationships. The grasp of these relationships in the report of the 19th CPC National Congress is reflected in the emphasis on ＂promoting Chinese traditional culture＂ and ＂comprehensively promoting the rule of law＂. If China wants to find itself in the future development, it must carry forward its traditions. If China wants to integrate into the world in its future development, it must take the rule of law seriously. The Modem rule of law is the rule of law of ＂people＂ and people are living in cultural traditions. Therefore, the rule of law cannot be separated from tradition. The individuality of Chinese culture is bound to have its uniqueness in the rule of law in China. At the moment, China must reshape the subjectivity of the rule of law in china. The traditional concept of ＂world＂, the ideas of ＂the unity between nature and human＂, the thought of ＂doctrine of the mean and harmony and integration＂, the theory of good nature and emphasis on enlightenment, the traditional household ethics, and the people-oriented ideas constitute the main elements supporting the subjectivity of rule of law in China. The way of docking tradition with the modern rule of law is the creative transformation and the innovative development of traditional culture, while the common value of mankind is the direction of this creative transformation and innovative development.