既曾被称为“极端的反革命派”、也曾被视作中国法制现代化的障碍和法治社会大敌的国家主义,当下似乎正在又一次成为学术研究的热词。原因大致有二:其一在于“中国崛起”面对的内部与外部问题的共同作用;其二乃是中国文化传统的现实表现。在法治中国语境中,应该看到其有助于克服自由主义法治观内在局限的一面,但是,同时,对其僭越的警惕与防范,至少是同样重要的理论任务。 Once known as the “extreme counterrevolutionary”, it has also been regarded as a barrier to the modernization of the legal system in China and as a nationalist enemy of the rule of law in society. It seems that the time is again becoming a hot topic of academic research. There are two reasons for this: one is the common function of the internal and external issues facing “the rise of China”; the other is the reality of the Chinese cultural tradition. In the context of rule of law in China, it should be seen that it helps to overcome the inherent limitations of liberalism’s concept of the rule of law. At the same time, however, the vigilance and prevention of its oversight are at least equally important theoretical tasks.