论中国传统法律文化在依法治国中的价值

古今中外的法律文化交融是依法治国在中国生根发芽、茁壮成长的重要助力。追溯依法治国的文化源头，挖掘和传承中国传统法律文明蕴藏的理论和经验，纠偏近代以来“效仿西法”“抑古扬今”导致的传统法律文化虚无主义和东西方法治文明无法自洽的境遇，是当今学人责无旁贷的担当。从历史解说现实，以古鉴今，发掘传统法律文化对现代法治建设的可资借鉴之处，如“以礼入法、德主刑辅”与德法综合为治，“重民思想”与人本法治观，“家国同构”与“法治国家、法治政府、法治社会”建设，“贵和尚中”“无讼息争”与和谐法治，唯有如此才能使传统充满活力，才能固守依法治国之根本。

The Tracing of the Traditional Legal Culture of the Rule of Law

The integration of ancient and modern Chinese and foreign legal culture is an important impetus for the rule of law to take root and thrive in China. It is the responsibility of today’s scholars to trace the cultural origin of the rule of law, explore and inherit the theory and experience contained in the traditional Chinese legal civilization, correct the nihilism of the traditional legal culture and the inconsistency between the eastern and western legal civilizations caused by the “imitation of western law” and “suppression of the ancient and compliment on the modern” since modern times. We need to interpret reality from history and learn from the past to explore the reference of traditional legal culture to the construction of modern rule of law, such as “bringing courtesy into law, rule mainly by virtue with penalty as assistance” and the combination of morality and law, “people centered view” “and humanistic view of the rule of law, “the same structure of the clan and country” and the integration of state, government and society by law, “upholding harmony and mean”, “the idea of no litigation and no argument” and harmonious rule of law. Only in this way can the tradition be full of vitality, and the fundamental rule of law be adhered to.