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回顾历史,我们可以从宏观角度探究法治演进的脉络。古希腊城邦社会孕育了“公民”、“民主”、“法治”等观念,不仅经历了大量的“法治”实践,而且产生了系统阐述的法治思想。在世界社会古罗马,以共和政体和对王权的制约以及自然法思想为条件,私法得到了极大的发展;在中世纪西欧封建社会,教会、国王、贵族、平民等之间的斗争和妥协,产生了多元性的法律和司法体系。随着民族国家的形成和新兴资产阶级的革命,在近代法治思想和法治实践的基础上,形成了近代法治文明,从而进一步形成了现代法治。中国百年来追求法治的道路很大程度牺牲了法治精神的本质目标,应当重视法治内在的制度和文化的现代化。
Looking back at history, we can explore the context of the evolution of the rule of law from a macro perspective. The ancient Greek city-state gave birth to the concepts of “citizen”, “democracy”, “rule of law” and so on, which not only experienced a great deal of “rule by law” practice but also produced systematically elaborated thought of the rule of law. In the ancient Roman world society, with the conditions of a republican government, the restriction of monarchy and the thought of natural law, private law has been greatly developed. In the medieval times, the struggle and compromise between the feudal society in Western Europe, the church, the kings, aristocrats and civilians, Produced a pluralistic legal and judicial system. With the formation of the nation state and the revolution of the emerging bourgeoisie, the modern law-based civilization has been formed on the basis of the modern rule of law and the practice of the rule of law, thus further forming the modern rule of law. China’s pursuit of the rule of law for a hundred years has largely sacrificed the essential goal of the spirit of the rule of law and should attach importance to the inherent system of rule of law and the modernization of culture.