中国法治实践学派的哲学基础

中国法治实践学派的哲学基础是实践哲学。实践哲学在人类思想史上有着多样化的表现形态，中国法治实践学派正是要挖掘多种实践哲学的思想元素，丰富自身的哲学内涵。实践是中国法治实践学派的核心概念，具有多样化的思想维度。它具有一种本体论的维度，并蕴含了“中介化”的实践论思维方式；它还具有道德的维度，同时体现了自由自觉的创造本性。实践概念蕴含了自身的世界观立场，实践世界观在本体论的意义上克服了物质世界观的绝对性和教条化，在肯定普遍的同时高度强调了“个别”的本体论意义，这对形成中国法治实践学派的自主性理论至关重要。实践概念内在地包含了实践智慧，实践智慧是产生于普遍与具体之间的行动智慧，同时包含了智识、德性与能力等多重维度。关于法的实践哲学将引导中国法治实践学派的理论设计与实践谋划。

Philosophical Foundation of China Practical School of Rule of Law

The philosophical foundation of China practical school of rule of law is practical philosophy， which is not limited to a specific kind， but a combination of rational elements in various types of practical philosophy. Many thoughts in the history of Western philosophy， such as Aristotle 's interpretation of the concepts of practice and phronesis（practical wisdom）， the theory of practical reason created in German classical philosophy， the practical logic of understanding emphasized by philosophical hermeneutics， and the ideals of action， effect and contingency highlighted by pragmatism in practical philosophy， all provide a solid philosophical foundation for the China practical school of rule of law to create a legal theory of its own. At the same time， the practical philosophy of Confucianism is the most important traditional component of the China practical school of rule of law， while Marx 's practical concept helps its fundamental reform in the way of philosophical thinking． Practice is a core concept of China practical school of rule of law. In human thinking history， people understand the practice in different ways， but it is undoubtedly a real academic concept and the philosophical thinking it has initiated is significant. The practical philosophy centered on the practice concept is fundamentally different from the theoretical philosophy， so it has become the basic premise for the China practical school of rule of law to construct its own theory. The concept of practice involves ontology， which will guide the reformation of the way of legal thinking; the concept involves morality， which will lead the rule of law practices to be human-centered; the concept involves creativity， which will invoke people 's activities in China 's rule of law practices. The concept of practice and its involvement in many dimensions provide a philosophical premise for the China practical school of rule of law to insist on the ″combination of knowledge and practice.″ Because of the importance of ontology， the concept of practice calls upon a practical world view. Therefore， the China practical school of rule of law must adhere to a basic stand of practical world view. The practical worldview is actually opposite to ″material″ world view， and proposes a criticism and retrospect to ″absolutism.″ It is against dogmatism and legalism in legal practices. The ontological stand of the practical world view does not regard ″practices″ as the world ontology similar to ″materials;″ it stresses， on the contrary， life practices and the ontological position of ″particularity″ and ″individuals，″ which is of great value for the China practical school of rule of law to create its own legal philosophy and form a practical view of rule of law. The dialectical nature of the practical world view， in fact， constitutes the philosophical basis for the actions of the China practical school of rule of law． Practice is an everlasting process， which internally requires phronesis. Both practice and practical wisdom lay a solid philosophical basis for the China practical school of rule of law. Moreover， they play a key role in creating China 's own legal theory. The phronesis is truly dialectical， which goes beyond the limitation of universalism， insists on the unity between the universal and the specific， and emphasizes the central position of ″specificity，″ thus providing an important philosophical basis for the construction of legal philosophy. To hold the stand of phronesis， we must take seriously the ″rule of man″ logic. This requires an active absorption of thinking in traditional Chinese legal culture. By scheming legal theory and practice from practices and phronesis， China 's legal study will usher in a revolution in its way of thinking.