“法治”概念在当代中国的继受及其意义

“法治”在当代中国逐渐成为大家耳熟能详的概念.从中国具体法治实践看,无论在学界还是法律实践部门,尽管都在使用“法治”概念,但实际上是对大陆法系“法治国”或“法治主义”的继受,这对中国的法治建设产生了一定的积极意义的同时也带来了一定的消极影响.如何实现走出继受,建构起拥有自己发展个性的法秩序模式,成为摆在我们面前一个义不容辞的使命.

The Succession and Significance of Concepts of Rule of Law in Contemporary China

The concept of Rule of Law is becoming more and more familiar in contemporary China. From the perspective of China＇ s practice of Rule of Law, whether in academia or legal practice Department, although we all use the concept of ＇ rule of law＇, it is actually a succession of country of Rule of Law or doctrine of Rule of Law in civil law system. It has brought a certain positive significance to the construction of Rule of Law in China and also brought some negative effects. It has become a bounden mission in front of us how to come out of the succession and construct legal - order models of our own personality of development.