当前中国法治状况的话语背景

从衡量法治状况标准的立法、执法、司法、守法等几个环节入手,分析其具体操作者所处的文化氛围、话语背景及其在当前中国的法治场景中所表现出的话语立场,检讨当前中国法治状况的复杂成因.指出,法治现状的根源正在于各种话语力量的历史性冲突和隔离,这种状况的根本改善取决于法治表象之后的人的法文化立场的整合.

The Discourse Background of the Rule of Law in Present China

This article starts with law's legislation, enforcement ,judicature and abidance, which are regarded as the measurement standards for the rule of law ,analyses the culture atmosphere and discourse background for the concrete judicial functionary as well as their discourse standpoints shown in the situation of the rule of law in China today. The authors manage to inspect the complicated contributing factors from a particular visual angle to the current rule of law. Meanwhile, they point out that the historical conflicts and segregations between various discourse powers result in the present situation of the rule of law. The essential improvement of this situation depends on the conformity of people's standpoints in legal culture which is behind the surface of the rule of law.