近代以来,东亚法治仿照西方的发展模式,在一定程度上忽视了传统文化对本土法治建设的作用。东亚各国受中华传统儒家思想影响深远,东亚法治发展的传统文化依归于儒家的民本思想和秩序观,而民本和秩序思想中含有与西方法治工具性价值与实质性价值相似的人本与规则要素。但是,当前中国的法治思想在一定程度上还处在压制型法的阶段上,法治发展在传统向现代的过渡中出现的问题是未自然构建去“等级”的秩序与过分追捧具有个人主义倾向的秩序。日本、韩国在法治从传统向现代转型过渡上虽做出相当的努力,但其中也存在问题。因此,在对中国法治道路的探寻中,应追求实质与形式的统一,吸收经验教训并向“回应型法”过渡,以此实现对东亚法治发展的方向引领,并赋予法治以东亚文化气质的新内涵。 Since the modern times, the rule of law in East Asia modeled on the development model of the West, to a certain extent, neglected the role of traditional culture in building the rule of law in the homeland. The traditional cultures of East Asian countries that are far-reaching by the Chinese traditional Confucianism and the development of the rule of law in East Asia are attributed to the Confucian people-based and orderly views. However, people-based and order-based thinking contain human-oriented and substantive values ​​similar to those of the Western rule of law Rules element. However, at present, the thought of rule of law in China is still at the stage of repressive law to a certain extent. The problem that the rule of law development appears in the transition from tradition to modernity is that it is not natural to build an order to “level” Order of doctrine. Although Japan and South Korea have made considerable efforts in the transition of the rule of law from the traditional to the modern one, there are also problems. Therefore, we should pursue the unification of substance and form, absorb the experience and lessons, and transition to the “law of response” in the search for the path of China’s rule of law so as to lead the development of the rule of law in East Asia and endow the rule of law with East Asian culture New connotation of temperament.