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| 文章编号：1672-3104(2022)02-0037-09 |
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当代中国法治与德治结合的语境分析 |
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叶方兴 |
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（复旦大学马克思主义学院，上海，200433） |
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| 摘 要： 当代中国法治与德治结合既要积极汲取人类法治文明与道德文化的优秀成果，又要关切中国的历史文化传统与现实社会条件，因此需要从语境的适切性角度分析“当代中国法治与德治结合何以可能”。具体而言，当代中国法治与德治结合需要从政治、历史、社会与思想四重语境来考察：由中国共产党推行的国家治理现代化成为其政治语境；植根于中国传统社会并对现代社会发生持续性影响的伦理型文化传统成为其历史语境；当代中国正在经历的深度转型的“复杂现代性社会”成为其社会语境；价值观建设与法治、德治协同推进则成为其需要考虑的思想语境。这四种语境共同构成了当代中国法治与德治结合的参照性背景，将当代中国法治建设与西方法治建设区别开来。 |
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| 关键词： 法治；德治；现代性；价值观建设；语境 |
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Contextual analysis of combining the rule of law and rule by morality in contemporary China |
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YE Fangxing |
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（School of Marxism, Fudan University, Shanghai, 200433） |
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| Abstract: The combination of the rule of law and rule by morality in contemporary China should not only actively draw on the excellent achievements of human rule of law civilization and moral cultural tradition, but also cater to Chinese historical and cultural traditions and real social conditions. Therefore, we need to analyze how feasible it is to combine the rule of law and rule by morality in contemporary China from the perspective of contextual appropriateness. Specifically, the combination of rule of law and rule by morality in contemporary China requires taking into consideration such four contexts as politics, history, society and ideology: the political context which means the modernization of state governance promoted by the Communist Party of China, the historical context which is the ethical cultural tradition that is rooted in traditional Chinese society and has a continuous influence on modern society, the social context which refers to the "complex modernity" that contemporary China is undergoing a deep transformation, and the ideological context which implies the concerted promotion of values construction, rule of law, and rule by morality. These four contexts coordinate and constitute the reference background for the combination of rule of law and rule by morality in contemporary China, and distinguish the construction of rule of law in contemporary China from that of the West. |
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Key words: rule of law; rule by morality; modernity; values construction; context |
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