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中国法治之难,在于公众对于法治没有形成普遍的信仰。正如法谚所言:法律必须被信仰,否则形同虚设。但法治信仰的文化如同土壤的改良,是一个日积月累、潜移默化的过程。制度建构与法律文化熏陶着这一问题的两面,何者应先行,似乎并不是一个非此即彼的选择。制度根植于文化之上,法治能否得到较好的运行,取决于民众对于法治的信仰程度。但是,一项好的制度的建构与运行,对于文化土壤的形成,也有着积极的作用。正如在一块贫瘠的土地上,有经验的农民,选择的往往是先栽种一些绿肥或豆科植物。法律文化的形成亦如是。
The difficulty of rule of law in China lies in the public’s lack of universal belief in the rule of law. As the proverb says: The law must be believed, otherwise it is not valid. However, the culture of Faith by law is like an improvement of the soil. It is a process that has accumulated over the years. The two sides of the issue of system construction and legal culture have to be advanced. It seems that this is not a non-consensual choice. The system is rooted in culture. Whether the rule of law can get better operation depends on people’s belief in the rule of law. However, the construction and operation of a good system also have a positive effect on the formation of cultural soil. Just as on an impoverished land, experienced peasants often choose to plant some green manure or legumes first. The formation of legal culture is also true.