中国西部法律文化的基本型态与现实表征

法律化研究中的传统性与现代性、人治与法治的二元分析模式并不能准确阐释当代中国西部法律化的复杂特性；当代中国西部法律化明显具有多元混合、交织并存的特点，其基本型态可概括为臣民人治型法律化、草民自治型法律化、牧民神治型法律化和公民法治型法律化四种。阐释西部多元法律化互动的现状及其未来变迁的趋势，进而为西部乃至整个中国的法治建设寻找最佳的切入点，将具有重大的理论和现实意义。

The Basic Patterns and their Distinctive Features of Legal Culture in the Western Regions of China

The binary analysing model into traditionality and modernity, rule by men and rule by law, practised in doing research in legal culture, is not able to work well toward interpreting accurately the complicated peculiarity of legal culture in the Western Regions; for in contemperary China, the legal culture in the Western Regions is obviously characterized by the multifactorial mixing and side-by-side existing. Their basic patterns might be generalized as followas: the type of subjects legal culture of rule by men, the type of uneducated villagers legal culture of rule by culture, the type of herdsmen legal culture of rule by gods, and the type of citizens legal culture of rule by law, four in all. It is of theoretical and realistic importance to interpret the status quo of interaction to each other among the four types of legal culture and predict their shifting tendency so as to find the optimum starting-point to set about the contruction of rule by law in the Western Regions and even in whole China.