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西方“法治”具有理性基础,与“理治”具有内在联系,其主要理路在于从理性与信仰的“形上”高度构建法治体系,其主旨也在于实现对国家权力的制约,而中国古代以来的“法治”与“德治”具有密切联系,具有“礼主刑辅”或“礼法兼用”的特征,而“法治”也因缺乏制约权力的机制而形成某种“权治”理路。中国要实现向现代民主法治国的转变,就应借鉴西方“法治”或“理治”的合理观念与历史经验,重视建设法治的理性与信仰基础,消除封建专制意识与权力斗争意识,由此才能实现让理性照耀国家的理想而实现社会的长治久安。
The main line of reason lies in the fact that the rule of law in the West has a rational basis and is intrinsically linked to the principle of “rule of law.” Its main principle lies in constructing a system of the rule of law from the “metaphysics” of reason and belief, However, since ancient China, “rule of law” has close relation with “rule of virtue” and has the characteristics of “ruling by courtesy and punishment” and “rites and courtesy”, and “rule by law” Constrain the mechanism of power and form some kind of “power ” management. To realize its transformation to a modern democratic rule of law, China should draw on the rational concept and historical experience of the Western “rule of law” or “rule of law”, attach importance to building a rational and faith basis for the rule of law and eliminate the feudal autocratic ideology and the struggle for power Consciousness, so that we can realize the long-term peace and stability that allows reason to shine upon the country’s ideals.