迄今为止的法治,包括法理念和法制度等都是以民族国家为根基的,法一向被认为是占统治地位的阶级意志的国家表现形式。国家间虽有国际法的久远存在,但从来被视为是与国内法严格有别的规范和效力体系。然而,人类社会发展到今天,人们发现自己生活的地球是越来越小了,尽管以民族国家为根基的利益多元的格局和多极发展的态势没有根本的变化,但人们包括国家的活动范围却早已超出国家的疆域,并渗透到政治、经济、文化、法律等各个方面。在这种世界性的背景下,我们要实现依法治国,建设社会主义法治国家,就不能不重视国际上出现的新情况、新变化对国家法治的影响。 The rule of law to date, including the notion of law and the legal system, are all based on the nation-state. Law has always been regarded as the dominant manifestation of the dominant will of the class. Although the longstanding existence of international law among States, it has always been regarded as a system of norms and effectiveness that are strictly different from domestic laws. However, as human society develops to the present day, people find that the earth they live in is getting smaller and smaller. Although there is no fundamental change in the pattern of multi-polar interests and multi-polar development based on the nation-state, people include the scope of the state’s activities But it has already exceeded the territory of the country and infiltrated into all aspects of politics, economy, culture and law. In this global context, if we are to rule the country by law and build a socialist country governed by the rule of law, we can not but pay attention to the impact of the new situation and new changes that have emerged internationally on the country’s rule of law.