CAJ | 학술논문

近十余年来,社会各方面对中国法治的应有形态及理想图景认识出现了一定分歧。形成这种分歧的实质原因是,在＂什么是法治＂的问题上,人们更多地受到西方自由主义法治理论的影响。自由主义法治理论所建构的法治模式以及所描绘的法治的某些特征,一定程度上已成为人们对于法治的深刻记忆,并成为认知和评判我国法治现实的依据。为此,应当在充分揭示和深刻认知自由主义法治理论乖谬的基础上,加强我国法治意识形态的自主化建设,以社会主义法治理念为基础构建中国特色法治话语体系。在此过程中,应注重社会主义法治理念与法学传统理论及知识谱系的对接,把社会主义法治理念转化或体现为具体的法律思想、法学理论、法律原理、法律文化、法律知识以及法律思维,藉以确立社会主义法治理念作为我国法治的＂元理论＂和＂元知识＂的权威地位。
근십여년래,사회각방면대중국법치적응유형태급이상도경인식출현료일정분기。형성저충분기적실질원인시,재＂십요시법치＂적문제상,인문경다지수도서방자유주의법치이론적영향。자유주의법치이론소건구적법치모식이급소묘회적법치적모사특정,일정정도상이성위인문대우법치적심각기억,병성위인지화평판아국법치현실적의거。위차,응당재충분게시화심각인지자유주의법치이론괴류적기출상,가강아국법치의식형태적자주화건설,이사회주의법치이념위기출구건중국특색법치화어체계。재차과정중,응주중사회주의법치이념여법학전통이론급지식보계적대접,파사회주의법치이념전화혹체현위구체적법률사상、법학이론、법률원리、법률문화、법률지식이급법률사유,자이학립사회주의법치이념작위아국법치적＂원이론＂화＂원지식＂적권위지위。
A rather confusing situation has been witnessed in the Chinese ideology of the rule of law in these years. In all the relevant social aspects, different ideas have been put forward in con- nection with the proper form of the Chinese style rule of law and the comprehension of the ideal visions of such form. With regard to the question as to what the rule of law is, people are more inclined to cognize and accept the Western influences of the liberal doctrines of the rule of law in- stitution, and the rule of law pattern based upon such doctrines, together with the features as de- picted by such doctrines, have become, to a certain degree, the profound memories about what rule of law simply means, which have become the criteria whereby the Chinese rule of law in real- ity is perceived and judged. Therefore, upon a sound analysis and profound perception of the flaws of the liberal doctrines of the Western style rule of law, efforts need to be made to enhance the autonomous construction of the Chinese style ideoiogy of rule of law, i. e. , to construct the Chinese style rule of law on the basis of the socialist legal ideology. In this process, attention needs to be paid to achieve the har- mony among the socialist legal ideology, traditional jurisprudences and knowledge system. Efforts also need to be made to transform the socialist legal ideology into concrete legal thoughts, legal theories, legal doctrines, legal culture, legal knowledge and the pattern of legal thinking in order that the prestigious status of the Chinese style rule of law may be established upon the socialist le- gal ideology. Meanwhile, more theoretical and knowledge support is to be given to the socialist le- gal ideology. Probing researches have been made in this thesis upon the main aspects of the con- struction of the Chinese discourse system of rule of law and the contributions still need to be made by the Chinese legal academy in this process.