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建立法治是中国政治现代化的前提。弄清楚传统“法治”何以不能将中国社会建成法治社会，则是建立法治的基础。中国古代由于早期国家的形成途径产生了视法为刑的“法治”观念，这种“法治”于秦帝国时期实现了其工具理性，于汉时因以礼入法完成了价值理性与工具理性的统一；从而对中国传统政治模式的形成和发展产生了深远影响，成为维护君主专制和社会和谐的重要手段，也是导致传统社会政治不发展的主要因素。本文将中西古代法及法治观念作了比较，指出其根本差别正是形成各自不同的政治法律理论与实践的历史源头。
Establishing the rule of law is the premise of China’s political modernization. To understand why traditional “rule of law” can not build Chinese society into a society ruled by law is the foundation for establishing the rule of law. In ancient China, because of the formation of early state, the concept of “rule of law” was adopted as the punishment of law. This “rule of law” realized its instrumental rationality during the Qin Empire. In the Han Dynasty, the value rationality and instrumental rationality This has exerted a far-reaching influence on the formation and development of China’s traditional political model and has become an important means of safeguarding monarchy and social harmony. It is also a major factor that leads to the development of traditional social politics. This article compares the ancient Chinese and Western concepts of law and the rule of law, pointing out that the fundamental difference between them is precisely the historical source of the different theories and practices of political law.