严格说来,“法制”是中国文化观念中的东西,“法治”则是西方文化观念中的东西。“法制”(rule by law)是“法治”(rule of law)的基础和条件,但是“法制”并不等于“法治”。在中国,从来就不缺少“法制”基础。中国缺少的,是“法治”的文化基础,中国社会,少的是法治精神,少的 Strictly speaking, “legal system” is something in the concept of Chinese culture and “rule of law” is something in the concept of Western culture. “Rule by law” is the foundation and condition of the “rule of law,” but the “rule of law” does not mean “the rule of law.” In China, there is no shortage of “legal system” basis. What China lacks is the cultural foundation of “rule by law.” In China, the less is the spirit of the rule of law, with less