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20世纪80年代,开始探讨和宣传“加强法制”的时候,流行过一种观点:中国传统制度文化的特点是“人治”、依赖“德治”,西方的或日现代的社会重视的则是“法治”。这种观点,可以追溯到晚清一些最早走进西方世界的人物。近代第一位驻欧使臣郭嵩焘在《伦敦与巴黎日记》中就说过:“圣人之治民以德,德有盛衰,天下随之以治乱,”“西洋治民以法,法者,人已兼治者也,故推其法以绳之诸国,其责望常迫,其法日修,”所以中国“将有穷于自立之势矣”。黄遵宪《日本国志》也说:“中国士夫好谈古治……盖所重在道德,遂以刑法为卑卑无足道也。而泰西论者,专重刑法,谓民智日开,各思保其权利,则讼狱
In the 1980s, when it came to exploring and propagandizing “strengthening the rule of law,” a popular view was that the traditional Chinese system of culture characterized by “rule of man” and relying on the “rule of virtue,” while the western or modern society valued “Rule of law.” This view can be traced back to some of the earliest people in the late Qing Dynasty into the Western world. Guo Songtao, the first envoy to Europe in recent years, said in his Diary of London and Paris: “The rule of the saints and the rule of morality and virtue in the world are followed by chaos.” , People have also run their own lives. Therefore, pushing their laws to bring them all to justice, their long-standing objection to the rule of law and Japan’s revision “so that China will have no choice but to establish itself.” Huang Zunxian “Japan’s national record” also said: "Chinese scholar talked about the ancient rule ... ... cover the emphasis on morality, then the criminal law for the absolutist also .Taxis theory, specializing in criminal law, that the wisdom of the day open, think To protect their rights, then the prison