中国法治现代化与传统文化的调适

Accommodation Between Modernization of Rule of Law and Traditional Culture in China

法治现代化是普遍性的历史进程,尤其是快速发展的现代社会,对法治现代化的需求更为迫切。在当代中国,随着全面依法治国日渐深入,破除传统文化留存下来的有违反现代法治理念的陈风陋习,是扫清横亘在全民普法面前文化障碍的应有之义。从文化与文明的层面理解法治现代化,可将其看作“传统”与“现代”两种不同文化语境的冲突与和解。一方面,需要清除中国传统法制文化中存在诸多与现代法治文明格格不入的内容;另一方面,需要给予传统文化足够的尊重,寻求传统文化与法治现代化的榫合。

Modernization of rule of law is a universal historical process,and the need for it is even more urgent in the rapidly developing modern society.In contemporary China,as law-based governance is advancing,it is important to clear the cultural barriers in strengthening public legal awareness by breaking the outdated customs and practices left by traditional culture which are against the modern concept of rule of law.From the perspectives of culture and civilization,the modernization of rule of law can be understood as conflict and reconciliation between two different cultural contexts,i.e.“traditional”and“modern”.On the one hand,it is necessary to remove elements in the traditional Chinese culture of rule of law that are incompatible with the modern civilization of rule of law.On the other hand,it is necessary to show enough respect to traditional culture and seek accommodation between it and the modernization of rule of law.