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中国传统法律文化以儒家思想为主导,融合了法、道、释各派学说,以天人感应为哲学基础,以德主刑辅、三纲五常为主要内容,追求“无讼”理想。现代意义上的法治来源于西方民主政治,核心在于防范政府权力滥用、确保人民权力得以行使。社会主义法治建设走的是政府推进型道路,是自上而下的强制性制度变迁。立根于中国传统法律文化,充分发扬和保留传统法律文化中的优秀成分,对社会主义法治有重要意义。
The traditional Chinese legal culture is dominated by Confucianism. It combines the theories of law, Taoism and Buddhism. Based on the celestial sensibility as the philosophical foundation, the main content of the principle of punishment and the principle of “three principles and five rules” is the main content of the pursuit of the ideal of “no lawsuits.” The rule of law in the modern sense comes from western democratic politics. The core of the rule of law lies in preventing abuse of government power and ensuring the exercise of people’s power. The construction of the socialist legal system takes the road of government promotion and is a mandatory top-down institutional change. Based on the traditional Chinese legal culture, it is of great significance for the socialist rule of law to fully develop and retain the outstanding elements of the traditional legal culture.