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现代法治对中国而言,是西学东渐的舶来品,虽然已传入中国一个多世纪,但先前一味地移植西方的思想和制度,使中国当下的法治状态呈现出“叶茂根浅”的景象;人权与民主是西方法治的基础,可以说没有人权就没有法治,然而其并没有发端于中国,中国传统文化与人权思想有着本质的区别,并且对中国的法治化有着重要影响。本文将以中国传统文化为视角,探究中国的法治化道路。
For China, modern rule of law is an imported product of western learning. Although it has been introduced into China for more than a century, it has previously transplanted Western ideas and systems so that the current status of the rule of law in China shows a “shadowy vision.” ; Human rights and democracy are the foundation of western rule of law. We can say that there is no rule of law without human rights. However, it does not originate in China. There is an essential difference between Chinese traditional culture and human rights thinking, and it has an important influence on the rule of law in China. This article will explore China’s legalization from the perspective of Chinese traditional culture.