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法治不仅仅是概念,更是通过规范体系和法律规制不断的完善而加以实现的过程;法治化的过程绝非一蹴而就,而是表现出代际发展的特点。然而,法治在推进过程中积累的问题往往容易被忽视,以至于其最终表现为这样的悖论:法律规制要么产生限制自由的后果,要么导致法律规制作用失灵。隐藏在这一困境背后的逻辑是,在法律规制介入过程中发生的,法律系统与其他社会生活系统之间的结构耦合现象。有鉴于此,我们就需要在准确理解和把握法治化之困境的基础上,谨慎地沿着已经选择的道路前进。
The rule of law is not just a concept, but also a process that is achieved through constant improvement of the system of rules and legal regulations. The process of rule by law is by no means a one-time process, but shows the characteristics of intergenerational development. However, the problems accumulated by the rule of law in the process of advancing tend to be neglected so often that it eventually manifests itself as a paradox that legal regulation either results in the consequence of restricting freedom or in the failure of legal regulation. The logic hidden behind this dilemma is the structural coupling between the legal system and other systems of social life that takes place during the process of legal regulation. In view of this, we must, on the basis of accurately understanding and grasping the plight of the rule of law, proceed cautiously along the path we have already chosen.