徐州工程学院学报（社会科学版）2025，Vol.40Issue(3)：44-51,8.
中国社会语境下的法治观
The Concept of Rule of Law in Chinese Society
摘要
Abstract
From a positivist perspective,the concept of the rule of law is a key issue in legal theory and practice.In China,this concept evolved from an ideological movement against'rule by man'during the Reform and Opening-Up era.Historically,the substantive concept of the rule of law has long held a dominant position,rooted in the moral foundations of traditional society.However,as comparative law theory has developed,advocacy for the formal concept of the rule of law has gradually emerged,and the conflict between the two has become increasingly apparent in discussions centred on conceptual analysis.Upon methodological reflection,it becomes evident that many of the major premises on which logical reasoning about the concept of the rule of law is based are uncertain.Due to the risks inherent in formal rationality,it alone is insufficient to clarify issues related to the concept of the rule of law.This issue can only acquire practical significance by transcending existing perspectives and drawing practical conceptual tools and methods from the context of Chinese local society.Employing'QingLi'(reason and sensibility)as a conceptual tool to analyse the substantive justifications emphasized by proponents of the substantive concept of the rule of law in Chinese social and legal practices reveals that the rule of law pursued in China's judicial practices is not essentially substantive.Rather,it is a formal concept that embodies substantive values.关键词
法治观/法治理论/中国法治Key words
concept of the rule of law/rule of law theory/Chinese rule of law分类
社会科学引用本文复制引用
李禹潼..中国社会语境下的法治观[J].徐州工程学院学报（社会科学版）,2025,40(3):44-51,8.基金项目
2024年度教育部青年基金项目"法律战视野下数据跨境风险的防范与应对"(24YJC820058) （24YJC820058）
