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如何理解“法治中国”苏力教授认为法治中国在古代就有,不少教授都提出了反驳意见。我觉得反驳得有道理,而苏力讲得也有道理,关键是我们怎么理解“法治”。在苏力看来,中国是一个很讲规矩、很讲秩序的国家。如果说古代是有秩序的,那么秩序靠什么东西维持?当然是“法”。不过,这个“法”不仅仅是指国家法,还包括民间法如伦理道德、民间习俗、信仰信念等。在这个意义上讲,古代中国是一个“法治中国”。但是如果我们用现代西方的法治定义来看,古代中国肯定不是一个“法治”国家。
How to understand “rule of law in China ” Professor Su Li that the rule of law in China there in ancient times, many professors have put forward refuted opinions. I think it makes sense to refute, and Su Li makes sense, the key is how we understand “rule of law ”. In Su Li’s opinion, China is a country that speaks very much of the rules and speaks very much of order. If we say that the ancient is orderly, then what order to maintain? Of course, “law ”. However, this “law” not only refers to national law, but also includes folk law such as ethics, folk customs, faith and belief. In this sense, ancient China is a “rule of law in China.” However, if we use the definition of the rule of law in the modern West, ancient China is certainly not a “rule of law” country.