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历史上优秀的法治传统资源是“中国特色”的渊源,是“法治话语权”的底蕴。当我们谈及西方法学文明传入中国,推动中国法律近代化的时候,不要忘记中国古代法制文明也有许多跨越时空的普世价值因素,值得我们认真地挖掘整理,并使它在建设法治中国的伟大事业中发挥史鉴的作用。中国古代法律不仅从正面规定了断罪皆须引律,而且还从反面规定了司法官“断罪不如法”的惩罚,这其中所体现的“罪刑法定”理念,正是我国历史上优秀法治传统资源的重要一例。
The outstanding traditional resources of the rule of law in history is the origin of “Chinese characteristics ” and is the foundation of “the right to speak of the rule of law ”. When we talk about the introduction of western legal civilization into China and the promotion of the modernization of Chinese law, we must not forget that there are also many universal values that span the time and space in ancient Chinese legal civilization. It is worth our earnest efforts to excavate and organize it and to make it a cornerstone for building a rule of law in China. Great role in history play a role. The ancient Chinese law not only stipulates the principle of guilty of misdemeanor from the front, but also stipulates the punishment of the judge “breaking crime as the law” from the negative, which is embodied in the concept of “legal punishment for crimes and punishments” precisely in our country’s history An Important Example of Excellent Traditional Legal Resources.