三种法治观辨析

中国先秦法家所倡行的“任法而治” ,古希腊思想家亚里士多德所阐述的“法治优于一人之治” ,以及资本主义国家所实行的“法治原则”、“法治国家”、“法治政府”等 ,是讨论法治时经常提到的三种法治观。虽然这三种法治观都被称作“法治” ,但在治国目的、政治基础、人性假设、制度保障等方面存在着重大差异。

An Analytical Research on the Three Types of Governing by Law

Three types of "governing by law ": "governing only by law" advocated by the legalists of the early Qin Dynasty in the ancient China (770---221BC), "governing by law being superior to governing only by one man" insisted by Aristotle as well as the terms "the principle of governing by law, legal state, legal government" put forward by the capitalist countries, are often cited when the topic "governing by law " is discussed about. However, the above-mentioned three types of ideas of "governing by law " have a great difference in their purpose of ruling different countries, political foundation, presumption of human nature, guarantee of institutions as well as in the content and form of different laws.