中国近现代法治进程的法理阐释

A Juristic Interpretation on the Evolution of the Rule of Law in Modern China

现代法治在中国肇始于清末民初,百年间经历了"法政""政法"两种既有联系又差异较大的类型。在学界既有的"革命范式""近代化范式"基础上,将"法治"作为分析工具揭示"法政"和"政法"的制度差异,并探讨从法政到政法的背后逻辑,可以从法理上对中国近现代法治进程进行整体性审视。

The rule of law in modern China began in the later years of the Qing Dynasty and the earlier time of the Republic of China, and it had experienced two kinds of related but also very different relations between"the law-andpolitics system"and"the politics-and-law system". On the basis of the existing"revolution paradigm"and"modernization paradigm", this paper, with"the rule of law"as an analysis tool, attempts to reveal the institutional differences between the law-and-politics system and the politics-and-law system, as well as to explore the evolutionary logic from the law-and-politics system to the politics-and-law system. It purports to provide an integrative investigation on the evolution of the rule of law in modern China from the perspective of jurisprudence.