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纵观古今,中西方关于法律与政治的关系的论述不胜枚举。哈贝马斯在其著作中提出了法律与政治两者之间是“构成性联系”的观点并从他的商谈理论出发对法律与政治的构成性联系进行了独特的论述。哈贝马斯认为,建立在交往理性基础上具有合法性的法律,使政治权力与交往权利联系起来,由此形成一种法律与政治权力的互相构成。法律与政治之间的构成性联系是一种良性循环关系,即两者彼此没有先后和高下之分,两者互为前提、相互支撑。哈贝马斯的这一思想对于中国当前的法治建设和政治文明建设以重要的启示:即在中国当前的法治建设和政治文明建设过程中,不能以政代法,而应当讲法治与讲政治并举。
Throughout ancient and modern history, the discussion on the relationship between law and politics in China and the West is endless. In his book, Habermas put forward the view that law and politics constitute a “constitutive relationship” and from his theory of negotiation, he has made a unique discussion about the constitutional connection between law and politics. Habermas believes that the law based on communicative rationality has legitimacy, linking political power with the right to interact, thus forming a mutual constitution of law and political power. The constitutive connection between law and politics is a virtuous circular relationship, that is, the two are not prior and subordinate to each other, and the two are mutually preconditioned and support each other. This thinking of Habermas exemplifies the current enlightenment for the rule of law and the construction of political civilization in China: that is, in the process of building the rule of law and political civilization in China, we can not take politics as the law but law and rule of law Simultaneously.