中国式法治现代化话语体系的建构逻辑——基于改革开放以来法治理论演进之考察

The Logic in Building the Discourse System on Chinese-Style Rule of Law Modernization:An Examination Based on the Evolution of the Rule of Law Theory since 1978

中国式法治现代化是党领导人民探索中国自主法治道路的伟大实践,中国式法治现代化的独特话语体系在这一历史进程中得以塑造和建构,并通过法治理论予以凝练、总结与表达。法治理论作为法治文明的重要组成部分,对法治实践进行提炼,与法治实践相融共进、深刻互动,不断引领和推动中国式法治现代化实现新的历史跨越。改革开放以来的中国式法治现代化话语体系在“阐释进路、表述立场、规范构造、知识谱系、实践向度”等方面呈现出“从法律体系论到法治体系论、从依法治国论到法治中国论、从国家法理论到党规国法系统论、从西方话语主导到寻求自主表达、从证成法治价值到探索法治实现”的建构逻辑,这是法治理论不断寻求和表达法治“中国性”的必然结果,揭示了中国探索法治现代化新道路的逻辑历程。

The modernization of the Chinese-style rule of law stands as a significant initiative led by the Communist Party of China to forge an independent path in the pursuit of rule of law.Within this historical context,the distinctive discourse system of modernizing the Chinese-style rule of law has taken shape and evolved,being summarized and articulated through the prism of legal theory.As a pivotal component of the rule of law civilization,the theory of rule of law refines and deeply engages with legal practices,continually guiding and propelling the modernization of the Chinese-style rule of law toward new historical milestones.Since the initiation of the reform and opening up in 1978,the discourse system on the modernization of the rule of law in China has undergone transformative shifts in its construction logic.These shifts include a progression“from the theory of legal system to the theory of rule of law system,from the theory of rule of law to the theory of building a law-based China,from the theory of national law to the theory of party rules and the national legal system,from the dominance of Western discourse to the pursuit of independent expression,and from confirming the value of the rule of law to exploring its realization”.This evolution is an inevitable outcome of the ongoing pursuit and articulation of the“Chinese nature”inherent in the theory of rule of law,elucidating the logical process of China's exploration of a novel path towards the modernization of the rule of law.