“法治化”是如何被研究的？——基于CSSCI和SSCI文献的抽样分析与反思

Reflections on the Study of Rule of Law

法治化是目前学界的一个研究热点。基于CSSCI与SSCI文献的抽样分析表明,该领域研究层次的两极化趋势明显,基本为关注具体方面有余而整体性不足,以致于事无巨细都冠以法治化名号,存有滥用之嫌。进一步说,法治化研究理路还具有显著的学科分野特征。为此,需要就若干问题在整体层面展开反思,包括:一是植根优秀民族文化传统,明确中国特色社会主义法治建设内涵;二是坚持价值与工具双重理性平衡,避免法治庸俗滥化;三是立足微观着眼宏观,强化法治为经济社会高质量发展服务的功能。

The study of rule of law is a hot topic in current academic circle.The sample analysis based on CSSCI and SSCI literature shows that the polarization trend of the study level in this field is obvious,the study focus on the specific aspects is more than enough and the integrated study is insufficient,which leads to the abuse of the name of rule of law to some extent.Furthermore,the study of rule of law also has the distinct characteristics of discipline division.Therefore,it is necessary to reflect on a number of issues at the overall level:the first is to take root the excellent national cultural tradition and make clear the construction connotation of socialist rule of law with Chinese characteristics;the second is to adhere to the dual rational balance of“value rationality”and“tool rationality”to avoid the vulgarization of rule of law;the third is to base on micro fields but focus on the macro level to improve the rule of law to better serve economic and social development.