论市民社会与中国法治之路

Urban Inhabitant Society and Ruling by Law in China

从法学的视角看,现代市民社会的形成过程,其实就是私法理念的实现和宪政精神的诞生过程,就是私法文化和宪政文化的孕育成熟过程,同时也是社会生活的法治化过程。从宪政和法治的视角讲,所谓市民社会就是与国家的公域相对峙的、主要由私法体系维系其自由和秩序的并呈自发态势的私人自治领域。法治的真谛在于熔铸和弘扬一种以市民社会的私权利为内核并融入民族文化传统的私法精神和宪政理念。市民社会是中国步入法治社会不可逾越的必由之路。

From the angle of law, the process in which modern urban inhabitant society is formed is actually the process in which legal ideas and constitutionalism are realized and legal culture and constitutional culture become mature and social life is legalized. From the angle of constitutionalism and ruling by law, urban inhabitant society is selfgoverning dominion in contrast with the government dominion. The true essence of ruling by law is to develop and advocate legal spirit and constitutional ideas centering on the private right of urban inhabitant society and applied traditional national culture. Urban inhabitant society is the only road to legalized society of China.