法治的根基在于培育具有“内在观点”的公民

The Foundation of the Rule of Law Consisting in Cultivating Citizens with “Inner Views”

在中国法治建设进程中,培育具有"内在观点"的现代公民具有构成性意义。公民既是法定权利的享有者,又是法律义务的承担者,只有公民能够真正享有了权利、切实履行了义务,法治秩序才是圆满的。中国法治建设遭遇诸多困难的症结都在于公民培育方面的缺陷和不足,培育公民因此成为"法治中国"建设必须予以认真对待的基础性工程。在传统中国"家国同构"的政治逻辑与纲常伦理等级秩序下,"公民意识"与公民人格难以形成。因此,在中国法治建设独特的历史语境中,公民培育不仅是促进民族整合建设现代民族国家的根本进路,也是为实现法治中国目标奠定主体与法治文化基础的必由之路,更是国家走向治理现代化的必然选择。通过大力推行法学教育、爱国主义教育和各种各样的公民实践训练,把公民自身成长和经由社会参与的素质积累相结合,有助于将广大民众逐步训练成具有"内在观点"和自治能力的现代公民,从而为法治中国的最终建成奠定坚实的社会文化和人格基础。由此,中国法治建设就逻辑地呈现为具有双重目标的复式结构:法治必先有助于推动中国的复兴强大,法治保障民权的目标才有现实意义和实现之可能;它同时历史地预置了中国公民培育的内在逻辑和基本路径:在制度建设中训练公民,通过公民的成长推动法治的成长并臻于至善。

In the process of building the rule of law in China,it is of constitutive significance to cultivate modern citizens with "inner views".Citizens are both the beneficiaries of legal rights and the bearers of legal obligations.Only when citizens truly enjoy their rights and fulfill their obligations can the rule of law be complete.Some of the difficulties encountered in the construction of China's rule of law lie in the defects and deficiencies in the cultivation of citizens.Under the traditional Chinese political logic and ethical hierarchy order of family-country isomorphism,civic consciousness and civic personality must be difficult to develop.Therefore,in the unique historical context of China's rule of law construction,citizen cultivation is not only the fundamental way to promote ethnic integration and build a modern nation state,but also the only way to lay the main body and cultural foundation for the realization of the goal of rule of law,and also the inevitable choice for the country to move towards system modernization.Carrying out legal education,patriotism education and all kinds of civil practice training vigorously,with the growth of citizen's spirits and the accumulation of social participation,will contribute to training the general public gradually to be modern citizens with internal points of view and autonomy ability so as to lay a solid social cultural foundations for the rule of law in China.Therefore,the construction of the rule of law in China is logically presented as a dual structure with dual goals: the rule of law must first help to promote the revival and strength of China,and then the goal to protect civil rights earns its meaning and possibility.At the same time,it presets the inherent logic and basic path of Chinese citizens' cultivation: training citizens in the process of system construction promotes the growth of the rule of law through citizens' growth so as to achieve perfection.