论文部分内容阅读
本文通过追溯法制和法治的历史演进过程,并结合社会主义国家的法制建设实践,分析当前存在于一些学者当中的关于“商品经济是法治的起点”的观点,认为它有其合理的成份,但不够全面、准确。文章认为,生产资料的所有制关系才是法制和法治的基础和根本,商品经济能否导致法治和导致什么样的法治,取决于生产资料所有制的性质,以及由其所决定的人身关系(是隶属、依附还是自由、独立)。商品经济从原始社会末期以来就已存在,但在前资本主义社会的生产资料所有制条件下并没有导致法治,而只能是法制。法治是在近代资本主义私有制和自由竞争的条件下才产生的(资本主义法治),以社会主义公有制为起点产生的是社会主义法治。法治与经济体制(是计划经济还是市场经济)之间没有直接的、必然的因果关系。但这并不否认社会主义市场经济对社会主义法治的积极的推动作用和社会主义法治对社会主义市场经济的重要的保障作用。
By tracing the historical evolution of the legal system and the rule of law and combining with the practice of legal system building in socialist countries, this article analyzes the current view that “the commodity economy is the starting point of the rule of law” that exists in some scholars and believes that it has its reasonable elements , But not comprehensive enough and accurate. The article holds that the ownership of the means of production is the basis and foundation of the rule of law and the rule of law. Whether the commodity economy can lead to the rule of law and what rule of law leads to it depends on the nature of the ownership of the means of production and the personal relationships , Attached or free, independent). The commodity economy had existed since the end of primitive society, but under the ownership of the means of production in the pre-capitalist society, it did not lead to the rule of law but to the rule of law. The rule of law came into being under the conditions of private ownership and free competition of modern capitalism (the capitalist rule of law), and the socialist rule of law as the starting point of socialist public ownership. There is no direct and necessary causal link between the rule of law and the economic system (planned economy or market economy). However, this does not deny the active role of the socialist market economy in promoting the socialist rule of law and the important guarantee of the socialist legal system by the socialist rule of law.