长期以来,国内外学术界流行着一种模糊的,甚至可以说是错误的认识,以为法治的作用是万能的,地位是至高无上的,西方式的法治是唯一正确的社会治理模式,并因而贬低中国文化,认为中国传统上法律与道德混淆不分,重人治,轻法治,非但未能走上现代文明,反而导致了中国近代以来的落后和屈辱。本文认为,中国传统文化既强调人的内心自觉,又重视外在的规范约束,主张内外兼治,礼乐双修,从而实现社会的和谐有序。本文还认为,中西法律所塑造和期待的“人”截然不同,前者重人伦,后者重物利,这也是促使中西法制异趣的关键所在。法治的作用是有限的,不可过度拔高,必须在一定的道德、伦理、价值观念以及教育、文化和经济体制等条件配合下方能发挥正面的、积极的效用。中国传统的社会治理模式并未过时,不但仍有其合理性和生命力,而且从长远的意义上看,乃是最健康、最理想、最具可持续性的社会发展模式。 For a long time, there has been a vague and even erroneous understanding prevailing in academia both at home and abroad, thinking that the role of the rule of law is omnipotent and that its status is paramount. Western rule of law is the only correct model of social governance and therefore belittling Chinese culture, that traditional Chinese legal and moral confusion, rule of man, light rule of law, not only failed to embark on modern civilization, but led to China’s backwardness and humiliation since modern times. This paper argues that Chinese traditional culture not only emphasizes human inner self-consciousness, but also attaches importance to external norms and constraints, advocating both internal and external governance, ritual and music cultivation in order to achieve social harmony and order. This article also holds that the laws of China and the West shape and look forward to “people ” is very different. The former is based on human resources while the latter is the most important one. This is also the key to prompting the interests of both Chinese and Western legal systems. The role of the rule of law is limited. It can not be overstretched. It must exert a positive and positive effect under the conditions of certain morality, ethics, values, education, culture and economic system. China’s traditional model of social governance is not out of date. It not only has its rationality and vitality, but it is also the healthiest, most ideal and most sustainable social development model in the long run.