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中国在法律方面的危险是有可能出现有“治法”而无“法治”的危险。他认为,“治法”以法律为工具,以人为治理对象;而“法治”以人为权利主体,要求立法和司法都以保护人的权利为第一要义。“治法”和“法治”体现了两种不同的价值取向,体现了不同的制度安排、制度设计的前提。他指出,中国曾经接受过“法治”的观念,是封闭使我们忘掉了“法治”,再度开放,使我们再次有了走向“法治”的条件。但是,有两种因素阻碍我们走向法治,一是封闭时形成的习惯,二是由利益而产生的态度。中国改革20余年,两种体制并存的格局还没有根本改变,旧体制由于规则不同而无法与国际市场接轨。他指出,发达国家是在以人为
China’s legal danger is the danger that there may be “rule of law” without “rule of law.” In his opinion, the “law” takes the law as the tool and the people as the object of governance. The “rule of law” regards people as the main body of rights and requires that both the legislation and the judiciary take the protection of human rights as the first priority. “Governing law” and “rule of law” embody two different values, embodying different institutional arrangements and institutional design prerequisites. He pointed out that China once accepted the concept of “rule by law” and that the closure has forgotten “the rule of law” and opened up again to the outside world so that we once again have the right to go to “rule of law.” However, there are two kinds of factors that hinder us from moving towards the rule of law. The first is the habit that is formed at closure and the second is the attitude that arises from the interests. More than 20 years of reform in China have not fundamentally changed the coexistence of the two systems. The old system can not be in line with the international market due to different rules. He pointed out that developed countries are people-oriented