再谈现代法治理念与"法治"、"德治"关系的宏观定位

"法治"与"德治"并举,是中国特色社会主义建设实践探索和理论创新所取得的伟大的成果,它体现着继承与超越、借鉴与创新的完美统一.理论界和社会各界对此给予了广泛而热烈的讨论,且取得了一系列重大的理论成果.然而,无论在理论层面还是在实践层面,对二者关系仍然存在着认识不清、宏观定位不当的状况.由于"法治"所具有的工具价值和目的价值的双重属性,决定了法治国家目标的排他性和"法治"与"德治"两种手段的兼容性,并使二者关系必然呈现为法律主治下的法德并举的关系.这是进一步多角度、多层次深入探索二者关系的宏观前提和基础.

A Further Comment on Modern Ideas of Government by Law and Macro-location of Relationship between Government by Law and Government by Virtue

The promotion of government by law and government by virtue simultaneously is a great achievement in theoretical innovation as well as in the socialist construction practice with Chinese characteristics. It embodies a perfect unity of tradition and development, introduction and innovation. The wide and heated discussions about it have been held in theoretical circle and all other walks of life, resulting in a series of significant theoretical achievements. However, on the part of theory and practice, understanding of the relationship between government by law and government by virtue is still not satisfactory; macro-location is still not accurate. The double quality of government by law in its value as a tool and purpose determines the exclusiveness of the national aim of the countries governed by law, the compatibility of these two means, and makes their relationship a simultaneous promotion of both law and virtue based on the government by law. This is a macro premise and basis for further probe into their relationship from and through various angles and means.