西方法治的创设基点是:人性本恶,法治也就因人性恶而产生;性恶论是西方法治主义的根基,是西方法治思想的逻辑起点,同时也是分权制衡制度设计的基石。西方法律制度的构建是在人性恶的基本假设中推导而出的;西方法治发展和制度文明从此展开。 The basic point of the creation of the western rule of law is that human nature is evil and the rule of law is also caused by evil human nature. The theory of sexuality and evil is the foundation of western legalism and the logical starting point of western legal thought. It is also the cornerstone of the system of checks and balances. The construction of the western legal system is deduced from the basic assumptions of the evil of human nature. The development of the western legal system and the institutional civilization have since been carried out.