论法治思维的初生——清末游洋记研究

On the new-born of the thinking of the rule of law ——researching the west-Travels of late-Qing

本文应用文明交流是在对比、思考与抉择中构建意义联结之理论,梳理游洋记关于"法治"观念与"治法"观念的斗争,以考察清末"法治观念"的初生历程,论证"法治思维"在清末初生的历史必然性,根据"法治观念"的五项标准衡量清末"法治思维"初生的内在困境,强调当下"法治思维"养成必须克服该内在难点。

In this paper, there is a theory that cultural exchanges mean building links by comparing, thinking and choosing. And we try to use it to combine west-Travels about the conflict of the concept of 'rule of law' and the concept of 'rule by law' in order to examine 'the idea of the rule of law' of the primary process at the end of the Qing Dynasty, and demonstrate historical inevitability of 'the thinking of the rule of law' at that time. Based on 'the idea of the rule of law ', the five criteria of which are used to measure the inherent nascent dilemma of the thinking of the rule of law of the late of Qing Dynasty and to stress that the cultivation of current 'thinking of the rule of law ' must overcome the inherent difficulties.