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法治是民主政治发展的基础,法治的起源、发展与民主有着密切的联系。中世纪时期,西欧国家已经形成了强大的、占主导地位的法律文化,但印度教和伊斯兰教地区由于教会控制政治权力,导致其难以形成真正的法治社会。而近代以来,由于西方法治文化的侵入,传统宗教法律制度的权威逐渐衰落,这些地区面临着两难选择。实践证明,地方社会的传统价值观仍然具有非常重要的意义,只有以当地传统宗教法为根本,才能更好地建立现代自由民主制度。完全移植西方的法治理念,只会引起“无法兼容”的不良后果。
The rule of law is the basis for the development of democratic politics. The origin, development and development of the rule of law are closely linked with democracy. In the Middle Ages, Western European countries had formed a strong and dominant legal culture. However, due to the church’s control of political power, Hindu and Islamic regions made it difficult to form a true law-based society. Since modern times, due to the invasion of the rule of law in the West, the authority of the traditional religious legal system has gradually declined, and these regions are faced with the dilemma. Practice has proved that the traditional values of local society still have a very important meaning. Only based on the local traditional religious laws, can we better establish a modern free and democratic system. Completely transplanting the concept of the rule of law in the West will only cause the adverse consequences of “incompatibility ”.