依法治国语境下墨家法律商谈观的现代性转化

The Modern Transformation of Mohisf's View of Legal Discussion in the Context of Ruling the Country by Law

墨家的法治观与我国现在的依法治国,建设法治国家的理念高度符合,具有鲜明的时代特征。基于交往理性的墨家法律商谈观在交往理性的基础既展现了墨家法治思想的价值精华,也具有现代良法善治的内涵。对墨家法治价值观进行创造性诠释和转化,将其引入现代法律制度、法律机构和法律设施的建设之中,在立法、执法、司法、守法和法律监督五个现代法治国建设的关键环节中注入最为原创的法治本土性资源。现代中国特色社会主义商议式法治国家的构建能够推动中国本源法治思想与现代法治实践相结合,顺应国情,有助于解决现代法治实践中的具有中国特色的法治问题。

Mohisf's concept of rule of law is highly consistent with our country's current concept of ruling the country by law and building a country ruled by law,and has distinct characteristics of the times.The Mohist legal discussion view based on communicative rationality not only shows the value essence of Mohist rule of law thought,but also has the connotation of modem good law and good governance on the basis of communicative rationality.Creatively interpret and transform the values of the rule of law of the Mohist school,introduce them into the construction of modem legal systems,legal institutions and legal facilities,and inject the most original local resource of the rule of law into the five key links of the construction of a modem country ruled by law:legislation,law enforcement,spontaneity,law-abiding and legal supervision.The construction of a modem socialist deliberative rule of law country with Chinese characteristics can promote the integration of Chinese original rule of law thought with modem rule of law practice,conform to the national conditions,and help solve the rule of law problems with Chinese characteristics in the practice of modem rule of law.