文化与政治是影响法治发展道路的两个重要因素。就现实处境而言,中国法治的构建在这两方面还面临着一些需要跨越的障碍。现时代需要一种融合中西人文主义之精髓、兼济人的认知理性与道德理性的新人文主义。从人文主义的视角看,道德人文维度与民主政治维度是构建中国法治需要着力加强的两个方面。在法治发展道路上,中国需要协调好法治的道德、功利、政治与行政四个层面,沿着自身的文化传统,打造政治和社会的理性与道德基础,开拓一种具有厚重人文底蕴的“道德的民主法治”,实现仁义道德与自然权利、民主法治在现代的历史衔接。
<<Culture and politics are two important factors affecting the development of the rule of law. As far as the realistic situation is concerned,the construction of the rule of law in China is faced with some obstacles in the above mentioned two aspects. In contemporary times,China needs a new form of humanism that can integrate the essence of both Chinese and western humanisms and take into consideration both the cognitive and moral rationalities. From the perspective of humanism,moral humanism and democratic politics are the two dimensions of the construction of the rule of law in China that need to be strengthened. In the process of the development of the rule of law,China needs to coordinate moral,utility,political and administrative aspects of the rule of law,adhere to its own cultural tradition,create rational and moral bases of politics and society,develop a “moral and democratic rule of law” with rich humanistic content,and realize the historical connection between Chinese virtue and morality on the one hand and natural rights,democracy and the rule of law on the other hand.
<<Keywords: | Rule of LawDemocracyHumanism |