法治是现代社会的重要治理模式,主要意指以法律或规则作为国家治理的最终依据。自1997年中共十五大提出依法治国是我国的基本方略之后,法治话语在中国获得了前所未有的正当性。依法治国方略的提出显示了我国建立法治国家的愿望,然而与法治话语的突出地位相比,却是现实中法治的不张。由于法律实践中缺乏有效 The rule of law is an important mode of governance in modern society, mainly referring to the law or rule as the ultimate basis for state governance. Since the proposal of ruling the country according to law as the basic strategy of our country in 1997, the 15th CPC Congress has gained unprecedented legitimacy in China. The proposal of governing the country according to law shows the desire of our country to establish a state under the rule of law. However, compared with the prominence of the discourse of the rule of law, it is the flaw in the rule of law in reality. Due to the lack of effective legal practice