“基督教及其信仰是西方法治的基础”质疑

中国法治建设遭遇了困境,一些中国学者认为这与缺乏宗教的支持分不开.他们提出,西方世俗法治的成长得益于基督教的信仰的支持,近现代西方国家的法律制度就是建立在过去两千年中基督教所创造的各种心理基础和多种价值之上;西方法律与西方宗教本来相通,法律信仰和宗教信仰本质上是一回事,等等.固然,基督教曾对西方法治发挥过积极作用,但称之为"基础"则言之过甚.学者以此为中国法治困境"诊断",在理论上是错误的,在实践中是有害的.

REFUTATION AGAINST "CHRISTIANITY AND ITS FAITH ARE THE FOUNDATION OF WESTERN RULE OF LAW"

As Chinese rule of law is confronted with numerous difficulties,some Chinese scholars relate it with lacking of sustaining of religion. Thereupon they propose Western secular rule of law benefits from the Christian belief, and the legal systems of modern western nations establish above all kind of psychological foundation and values which created by Christianity in the past 2000 years; yet the western law and the western religion are interlinked originally, and the legal faith and the religious belief essentially are an identical,and so on. No doubt christianity has ever played the positive role to the western rule of law, but it's an exaggerated statement that calling it foundation. That the scholars make it diagnosis as the difficulties in Chinese rule of law is wrong theoretically and harmful practically.