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国内学者对法治的理念与实践论述较多,对法治产生的历史社会条件却着墨很少。11、12世纪欧洲的历史社会经验说明,法治的产生需要具备一定的条件,包括政教分离的政治权力架构,法律治国的策略和法律至上的理念,商业的发达和城市的兴起,以及大学、法律科学和职业法律家的出现等,跨文明的比较研究也从反面证明了这一命题。因此,法治的建成不仅需要主观的愿望和法律界内部的努力,还需要客观条件的发展与成熟。
Domestic scholars have a lot of expositions on the concept and practice of the rule of law, but few on the historical and social conditions resulting from the rule of law. The experience of history and society in Europe in the 11th and 12th centuries shows that the establishment of the rule of law requires certain conditions, including the political power structure of separation of church and state, the strategy of governing the country by law, the supremacy of law, the development of commerce and the rise of cities, and universities and laws The emergence of legal and professional lawyers, etc. The comparative study of cross-civilization also proves this proposition on the contrary. Therefore, the establishment of the rule of law requires not only subjective wishes and efforts within the legal community, but also the development and maturity of objective conditions.