“法治”是工业社会的伟大发明,这项发明根源于西方哲学的统一性追求。哲学的统一性追求是要在纷乱的表象背后发现同一性的存在,而法治则是反过来用同一性的规定去治理社会。从历史的维度来看,法治政府是对农业社会“权治政府”的替代,在限制公共权力、维护公共利益、提供社会正义方面蕴含并彰显着“公共性”价值。但是,近代西方“统一性”哲学的悖论也使法治政府在实践上表现出了各种难以调和的矛盾,以至于无法真正地向社会提供公平正义,其公共性价值在治理实践中也出现了形式与实质的背离。鉴于此,有中国特色社会主义法治政府的构建,务必要打破统一性哲学思想的禁锢,致力于实现形式公共性与实质公共性的共融,从而在价值导向、实现路径和保障要素等方面进行新的探索。 “Rule of Law ” is a great invention of industrial society, the invention rooted in the pursuit of the unity of Western philosophy. The pursuit of unity of philosophy is to discover the existence of identity behind the appearance of chaos, while the rule of law is to governed the society by the provisions of the sameness. From a historical point of view, the government ruled by law is an alternative to the agricultural society, “government by power,” and contains and demonstrates the value of “publicity” in limiting public power, safeguarding the public interest, and providing social justice. However, the paradox of the philosophy of modern Western “unity” also causes the government of the rule of law to show in practice various incompatible contradictions so that it can not really provide the society with fairness and justice, and its public value is in the practice of governance There has also been a departure from form and substance. In view of this, with the construction of a socialist government ruled by law with Chinese characteristics, it is imperative to break the shackles of the unified philosophical thinking and devote itself to the communion of formal publicity with substantive publicity so as to proceed from the value orientation, the path of realization and the safeguarding elements New exploration.