中国历史缺乏法治传统,权力大于法律。中国几千年封建专制历史,有人治而无法治,有律法而无律政,重权力而轻权利,有法理精华而无法治精神。权力大于法律的主要原因是权力过于膨胀、过于集中,缺乏制约,缺乏监督。而权力膨胀集中的过程,又往往打着加强党的领导的旗号,党的领导因而变成了个人领导。建构法治传统,关键在于破除权力迷信,将权力关进制度的笼子。中国社会缺乏法治需求,关系大于公正。需求引导供给,供给刺激需求。在关系大于公正,人情面子压倒一切的社 Chinese history lacks the tradition of rule of law and its power is greater than that of law. For thousands of years, China has a history of feudal autocracy. It is ruled by law that people can not rule. There are laws and laws without law, heavy powers and light rights. They have the essence of jurisprudence and can not rule the spirit. The main reasons why power is greater than law are excessive power, excessive concentration, lack of control and lack of supervision. In the process of centralization of power, the banner of strengthening the Party’s leadership is often put in place. The party’s leadership thus becomes a personal leader. The key to building a tradition of the rule of law lies in breaking the power superstition and shutting down the power into the institutional cage. Chinese society lacks the needs of the rule of law, the relationship is greater than just. Demand to guide the supply of supply to stimulate demand. In the relationship is greater than just, human face overriding community