中国现代法治的反思

从基点、区域、文化和性质四个方面来反思中国的现代法治,可以看到,一百多年来的中国现代法治,在有的时候,在有些方面,面对世界或西方却找不到自己的路;面对城乡二元结构却过度超前或者阻滞于后;面对传统与现代的选择却墨守陈规或者数典忘祖;面对革命与建设却误判当今法治发展的性质而谬以应对。其实,中国现代法治既应是世界的更应是中国的,必须立足中国并关注世界;中国现代法治既应是城市的,也应是农村的,必须同时关注城市与农村的现状与发展;中国现代法治既应以传统为基础也应以现代为目标,是经历革命后在现代的更新和发展;中国现代法治不是革命的,而是建设的,应是以革命作为历史前提的现代化建设。

Reflection on China''''s Modern Rule of Law

China's modern rule of law in the past 100 years,if reexamined from the perspectives of the basic point,region,culture and nature,may obviously have the following characteristics:it sometimes,in some aspects,has not been able to find its own way when faced with the world or the West;it has been excessively in advance or lagged behind when faced with the dual structures of city and countryside;it has adhered stubbornly to the outmoded rules and regulations or forgotten its own heritage when faced with the choice between tradition and modernity;it has answered inappropriately for the development of the current rule of law for its misinterpretation of the developmental nature of the current rule of law when faced with revolution and construction.China's modern rule of law,however,should in fact not only belong to the world,but also,to a even larger extent,belong to China,and it should be based on China while paying attention to the world.China's modern rule of law should belong to not only the city,but also the countryside,and it should simultaneously pay attention to the present situation as well as to the development of the city and the countryside;China's modern rule of law should not only take the tradition as its foundation but also take the modernity as its goal,and it should be the modern renewal and development of tradition after its revolutionary experience;Chinese modern rule of law is not of revolution,but of construction,and it should be the construction of modernization while taking revolution as its historical premise.