全球化与"中国法治的民间化障碍"

当今世界全球化和区域一体化并存,两者虽有矛盾,但在法律领域则意味着不同法系、不同国家的法律制度不同程度的融合,全球法治化与法律全球化的趋势俨然存在.在中国社会的历史和现实因素交替作用下形成的"中国法治的民间化障碍"正成为对抗"法治全球化"的巨大阻力.调和这种矛盾的最佳选择是运用"和"的哲学思维和方法论构建强调"和谐"的现代化法治社会,这既是中国文化的传统价值理念在当代的回归,也是融合异种文化后的创新,为中国的法治化建设提供了方向和途径.

Globalization and "the Folk Barrier of Chinese Government by Law"

There are globalization and region integration all existing in the world nowadays,although they have the contradiction,but in the law area,it means the different degree fusion of different law system.The global government by law and the legal whole world tendency just like exists.This article thought that: Regarding proposed and the implementation "rules a nation legally" of contemporary China,the hope and the practice that joins this kind of globalization movement is one of the powers that the law can operate and implement on this land.But "the folk barrier of Chinese government by law" which caused by the Chinese society's historical and realistic reason was just against the globalization.The author thinks that to compromise this kind of contradiction,the best choice is precisely constructs the harmonious modernized government by law society.The philosophy thought and methodology of "harmony" are not only the Chinese tradition value idea in the contemporary return,Also the innovation and fusion of heterogeneous culture.It provided the direction and the way for the construction of China's government by law.