从法治的经济、政治、文化基础来看,中国并不存在法治的本土资源,但是为部分学者论述适用的本土资源,的确在法制的建立过程中应当起到重要作用。要最终实现法治必须通过法制现代化的方法,将民间法吸纳于国家法,但这种理念完全与“法律多元”主张的民间法与国家法共存的理论相悖。 Judging from the economic, political and cultural foundations of the rule of law, China does not have indigenous resources for the rule of law. However, it is true that some scholars have discussed the application of indigenous resources and have played an important role in establishing the legal system. In order to finally realize the rule of law, we must adopt the method of modernizing the law and incorporate the civil law into the state law, but this idea completely contradicts with the theory that the “law pluralism” advocates the coexistence of civil law and state law.