和谐社会与法治取向

和谐社会下,法治才有存在的可能性。不同类型的和谐社会,产生不同的法治状况。中国传统社会下的法律只能够是保护贵族的特权和强化社会的不公,近代西方个人主义才有体现平等自由的法律。中国社会由传统向现代过渡,法律在传统与现代的冲突中挣扎,传统法治特质正在消失,西方现代法治特质尚未扎根。

On the Harmonious Society and the Orientation of the Rule of Law

Only in the harmonious society is the rule of law likely to exist.Different types of harmonious societies cultivate different situations of the rule of law.The law in the traditional society of China acted as an instrument to safeguard the aristocratic privilege and to intensify the social unfairness.Only in the modern western individualism society could the law enjoy the nature of equality and freedom.Since China is experiencing the transitional phase from the traditional society to the modern society,the development of law is inevitably struggling between tradition and modernization,which leads to the predicament that the traditional features of law is extinguishing while the features of western modern rule of law has not yet established.