法制下法治与法治下法制

法制下法治和法治下法制是两种不同的社会存在。法制下法治之治理主体单一,法治下法制治理主体多元;法制下法治依赖国家法正义观支持,法治下法制依赖多维正义观支持;法制下法治以人为治理客体,法治下法制则以人和法律同为治理客体。在特定历史阶段,法制下法治曾经起过积极的作用;但是随着社会发展,民主勃兴和社会转型的逐步推进,法制下法治已经成为中国法制建设的瓶颈,应为法治下法制的理论和实践所突破。法治下法制是多元法律规则并存于社会与依法办事之法治原则的结晶。通过各种法规则的冲突、互动和整合,法治自然会从理想走向现实。

Rule of Law in a Legal System and the Legal System of Rule of Law

Rule of law in a legal system and the legal system of rule of law are two kinds of different social existence. The governed subject of rule of law in a legal system is single, while legal system of rule of law has pluralistic governed subjects; Rule of law in a legal system relies on the support of national legal justice; on the other hand, legal system of rule of law depends on that of multidimensional justice. In addition, rule of law in a legal system regards people as only governed object, while legal system of rule of law takes both people and laws as governed objects. In a specific historical stage, rule of law in a legal system has ever played a positive role. However, with social development, vigorous growth of democracy and gradual promotion of social transition, rule of law in a legal system has become the bottleneck of Chinese legal construction. It should be broken through by theory and practice of legal system of rule of law. Because the latter is the combination of the pluralistic laws and regulations' social coexistence and the principle of handling affairs in accordance with the legal rules. Through various kinds of law and regulation conflict, interaction and combination, rule of law can move towards reality from the ideal naturally.