从传统礼法迈向现代法治,无疑是一场深刻而重大的文明转型,其间不仅有制度的重建,亦包括观念的转变。人性论的预设对于政治法律观念有着极为重要的意义,也在很大程度上决定着制度的形成与演变。中国传统中儒法两家的人性论预设,前者过于高蹈,后者过于严苛,均与现代法治理念相去甚远。这样的传统依然对当代中国的政治法律思想有着潜在的深刻影响,更直接地反映在制度运行和社会现实之中,应当引起我们的足够反思与警醒。 From the traditional etiquette toward the modern rule of law, it is undoubtedly a profound and significant transformation of civilizations. During this period, not only institutional reconstruction but also changes in concepts have taken place. The presupposition of human nature theory is of great significance to political and legal concepts and to a large extent determines the formation and evolution of the system. In the Chinese tradition, the presupposition of human nature between Confucianism and Legalism is too high and the latter is too harsh, all of which are far from the concept of modern law. Such a tradition still has a potentially profound impact on the political and ideological thinking in contemporary China and is more directly reflected in the operation of the system and social reality, which should arouse our enough reflection and vigilance.