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制定更多的法律和条例并不表明更多的法治,人治比法治甚至需要更多的规则。这是因为法治是由具有普遍适用性的一般规则发挥作用,而人治则要根据权力种种变化的需要,经常制定新法,针对具体的人和事发布命令。另一原因是,由于权力可以不执行它不想执行的法律,致使原有条例和法律经常失效,甚至从来就不曾生效,只好不停地签发新法令。法治和人治是两种截然有别的制度体系,它们治理的原则大不相同,实现的目标迥然相异,赖以成长的社会基础完全两样,因此法治不是在人治的树桩上嫁接新枝,而要在新的土壤中长出新苗。法治需要的新土壤就是多元社会。
Making more laws and regulations does not mean that more rule of law, rule of man or even more rules are needed. This is because the rule of law is governed by the general rules of universal applicability, whereas rule of man requires the frequent formulation of new laws and the issuance of orders for specific individuals and affairs in the light of the changing needs of power. Another reason is that since the power can not enforce the laws that it does not want to enforce, the existing ordinances and laws often fail or never come into force, so that new laws and regulations have to be issued. The rule of law and the rule of man are two completely different systems of institutions. They have very different principles of governance, very different goals and a completely different social foundation. Therefore, instead of grafting new branches on the tree stakes of the people’s government, the rule of law Grow new seedlings in new soil. The new soil needed by the rule of law is a pluralistic society.