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法治,并非一种单纯的公平、正义、自由等方面的道德价值诉求,一个国家的法治大业不可能完全脱离于该国基本的政治、文化背景,而是必须放在特定时空语境下的政治、文化背景下加以理解。因此,清末以来,中国法治之路除了具有建立满足人们基本交往行为预期的规则主义法治观意蕴,还必须被放在中国从王朝天下体系被迫卷入民族国家体系的国家建设视野中加以把握。另外,现代中国的法治秩序建构,虽然必须充分借鉴一切先进国家的法律制度,但必须首先立足于自身的历史文化根基和现实国情需求,同时也必须具备一种更高的文化复兴使命,即能否为世界法治发展提供另外一种可能性,这是中国作为一个区域性大国和几千年文明古国必须承担的使命。
The rule of law is not a simple appeal to the moral values of fairness, justice and freedom. The cause of rule of law in a country can not be completely separated from its basic political and cultural background. It must be put under the political , To understand the cultural background. Therefore, since the end of Qing Dynasty, the road to rule of law in China, besides having the rule-based concept of the rule of law that meets people’s expectations of basic social interaction, must also be placed on China’s grasp from the perspective of the nation’s construction in which the dynastic world system was forced to become involved in the nation-state system. In addition, the construction of the order of the rule of law in modern China must draw lessons from the legal system of all advanced countries. However, it must first base itself on its historical and cultural roots and the needs of its realities and conditions, and at the same time must have a higher mission of cultural rejuvenation Whether or not to provide another possibility for the rule of law in the world is the mission that China must shoulder as a regional power and an ancient civilized country for thousands of years.