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民国初年,国内有识之士主张民主共和、依法治国,针对“法治与人治”、“制宪问题”等发表言论。他们的思想主张汇成一股蓬勃涌动的潮流,引起社会各界的强烈反响。但是,这股思潮却没能引领国人建立法治国家。这其中所反映的传统中的人治向法治转变之艰难,时局动荡难以为法治建设提供稳定的政治环境等等问题,可为现代法治中国建设提供经验与教训。
In the early years of the Republic of China, people of insight in the country advocated democratic republicanism and governing the country according to law, and made speeches on “rule of law and rule of man” and “constitutional issues”. Their ideas advocate a swirling surging trend that has aroused strong repercussions from all walks of life. However, this trend has failed to lead the people to establish a state under the rule of law. This reflects the difficult tradition of the rule of man in the transformation of the rule of law, the current turmoil in the rule of law is difficult to provide a stable political environment and so on, can provide experience and lessons for the construction of the modern rule of law in China.