中国法治观念的反思与发展进路——基于中西方法治文化比较

Reflections on the Concept of the Rule of Law and Its Development Path——Based on the Comparison of the Culture of Rule of Law Between China and the West

中国学习西方法律制度一直在全面移植国外的法治理念,“依法治国”将西方法治作为我国法治发展的模板之势。中华传统文化中法治思想拥有扎实民众根基,中国法治的出路在于扎根于中国文化。西方法治是宗教与世俗争权中妥协的产物。中西方法治文化的差异,使西方基于宗教信仰的法治基础并不适合中国。中国现代法治的发展需基于传统文化的现代化改造、马克思主义中国化推进及对西方法治理念的批判性借鉴,才可填补中国法治话语权的缺失,增强法治领域的文化自信。

When learning from western legal system,China has been transplanting the concept of rule of law from abroad,and “law-based governance of the country” tends to takes western rule of law as the template for developing rule of law in China.However,the idea of rule of law in Chinese traditional culture has a solid foundation of the people.The way out of rule of law lies in taking root in Chinese culture.Western rule of law results from the compromise between religion and secularity.The difference between Chinese and Western rule of law culture makes Western rule of law based on religious belief not suitable for China.The development of modern rule of law in China should be based on the modernization of traditional culture,the promotion of the Sinicization of Marxism and the critical reference to the western concept of rule of law,so as to fill the gap of the right to speech in Chinese rule of law and to enhance the cultural confidence in the rule of law.