近代法治是在市民社会与国家的二元化进程中 ,以社会权利制约和平衡国家权力为基点而得以形成和发展的。东亚国家的现代化进程虽然也出现了市民社会 ,但却因历史传统而呈儒化倾向 ,它既设定了东亚法治秩序的局限 ,也赋予了其一定的超越维度 ,展现了多元现代性的东亚法治走向 The rule of law in modern times was formed and developed in the process of the dualization of civil society and state, with the restriction of social rights and the balance of state power. Although the process of modernization in East Asian countries also saw the emergence of civil society, Confucianism tended to be Confucianism because of its historical tradition. It not only set the limits of the order of the rule of law in East Asia, but also given its dimensions of transcendence and multilateral modernity The rule of law toward