法律观与国家观:中国法治建设的“基因工程”

任何民族都有历史形成的意识层面的"基因"。中国传统的"天道哲学"是经验的,由此演绎出"法出于权"的法律观和"家国一体""差等秩序"的国家观,并在此基础上置换了某些西方舶来价值的终极指向。现代政治建设应引导社会培育现代的法律观、国家观,关键在于坚持发展市场经济,用经济基础决定上层建筑。

Legal and National Views the ＂Genetic Engineering＂ in China＇s Legal Construction

Every nation has its ＂genes＂ in the aspect of ideology formed by history. Traditional Chinese philosophy is empiri-cal, which focuses on the harmony between heaven and human, and deduced are the legal view of ＂the law comes from empire＂and the national views of ＂co - construction of family and state＂ and of ＂difference in position and social status＂. On this basis,the ultimate target of the enlightening ideas from the Western world has been distorted. We should steer the society to the correctlegal and national views in modem political construction of China. And the key to achieving this goal is to adhere to market econ-omy, as the economic basis determines the superstructure.