摘要
熙宁变法在现代历史视野中长期被关注的焦点是变革与保守的冲突,而本文提出,理性法制诉求是其变革求新的方向和内容,因而是其更本质的特征。这一本质特征呼应着北宋时期出现的各种现代特征,是中国历史内部自生的现代性内驱力,是现代法治文化的重要客观内容。关注和讨论这一问题,旨在反对一个普遍成见,该成见认为现代法治文化只根源于现代西方国家,将中国历史笼统称为人治的、反现代的历史,因此法治建设只能简单复制西方现代经验和模式。本文的核心观点是法治文化研究应重视中国经验。
While Xi Ning Political Reform is mainly concerned as the conflict between reform and conservation in the horizon of modern history, this paper proposes its very nature characteristic should be its rational demand for rule by law for it is also the direction and content of the innovation. This nature characteristic echoes with various modern characteristics in North Song period. It is modern inside drive generated in Chinese history as well as important and objective composition of modern culture of rule of law. This paper aims to reject a common preconceived idea that Chinese rule of law construction can only simply copy western modern experiences and modes because modern culture of rule of law all originates from modern western countries and Chinese history is generalized as a history ruled by man and against modernization. This paper concludes its core point as that the cultural study of rule of law should emphasize on Chinese experience instead of western experience.
出处
《中国政法大学学报》
CSSCI
2015年第1期20-26,157,共7页
Journal Of CUPL
