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我国的法治建设在理论和实践层面存在双重困境,究其原因与我国传统法律文化中的权力观、权利观、公私观、规则意识,以及由此形成的规则体系存在内在关联。近现代以来,我国也试图进行走出传统、迈向法治的努力,但是,终因传统文化的影响,以及社会转型、权力集中的国际现象、宪法权威的羸弱等原因,法治国家建设的步伐显得越发沉重。继承并弘扬优良传统,形成区域特征明显的社会主义文化,以体现社会主义制度的优势应成为今后中国法治建设的关键。
The legal construction in our country has double dilemmas at the theoretical and practical levels. The reasons are intrinsically linked with the concept of power, the concept of rights, the public-private view, the awareness of rules and the system of rules formed in the traditional legal culture of our country. Since modern times, our country has also tried hard to go out of the tradition and toward the rule of law. However, due to the influence of traditional culture and the social transformation, the international phenomenon of concentration of power and the weak constitutional authority, the pace of building a country under the rule of law appears more and more heavy. To inherit and carry forward the fine traditions and form a socialist culture with distinctive regional characteristics so as to embody the advantages of the socialist system should become the key to the rule of law in China in the future.