法治与人性的关系是一个古老而常新的法哲学课题。近年来,学界在反思中西方法律都是伴随着阶级和国家这一相同历史背景下产生,缘何西方走上了民主法治的大道,而中国则陷进了人治的泥淖这一问题时,关于法治与人性关系的讨论再次热烈起来。一致的看法是:中国几千年历史传统中“性善论”主导人性观是中国几千年人治历史的思想根源,西方历史传统中“性恶论”主导人性观是西方社会法治思想和实践的哲学依据。从 The relationship between the rule of law and human nature is an ancient and often new subject of legal philosophy. In recent years, scholars in the reflection of both Chinese and Western law are accompanied by the same historical background of class and state, why the West embarked on the road to democracy and rule of law, while China is stuck in the mire of rule of man, the rule of law The discussion of the relationship with humanity is again enthusiastic. The unanimous view is that the dominant outlook on human nature in China’s thousands of years of history is the ideological root of the history of human governance in China for thousands of years and that the dominant outlook on human nature in the history of the West is the rule of law in Western societies Philosophical basis for thought and practice. From