法治是人类政治文明的重要成果,人类文明已步入现代的今天,建设法治文明更是始终不渝的前进方向.当前我国社会正处于全面深化改革的关键时期,政治、经济、文化、社会和生态等诸多方面都处于转型之中,亟需法治力量的引领和推动,法治也是实现国家治理体系以及治理能力现代化的重要支撑.建设社会主义政治文明,弘扬社会主义法治精神,除了借鉴国外法治建设的有益经验和优秀成果,必须从中国传统法治文化中汲取力量.法家思想是我国古代政治思想的主线之一,法家思想是在漫长的历史进程中逐步发展而成的,对于维护封建社会的君主专制统治产生了重要作用.通过厘清法家法治思想的形成与发展、基本观点,将其与现代法治进行比较,明确法的产生不同、法治主体不同、法治对象不同、法治方式不同、法治目的不同,来摒弃法家的"法自君出""以刑去刑""法律绝对"等思想的历史局限性,并借鉴其精华,把其中"刑无等级""明法去私""法与时转""布之于众""明法律令"等法治精神融入到现代法治中国建设中来,对于我国全面推进依法治国,坚持法律面前人人平等、维护公平正义、及时科学立法、树立法律的权威等方面具有重要启示,对于切实贯彻中国特色社会主义法治理论,坚定不移走中国特色社会主义法治道路,开辟中国特色社会主义法治事业发展的崭新境界,向着建设法治中国的宏伟目标不断前进,具有重大的理论价值和实践意义.%The rule of law is an important achievement of human political civilization. Humankind has entered advanced civilization in modern era,and they take every effort to build a civilization ruled by law as their un?swerving direction of progress. At present,it is the key period of deepening the reform in an all-round way. The political,economic,cultural,social and ecological aspects are in transition period. It is urgently needed to lead and promote the power of the rule of law.The rule of law remains also an important support for realizing the national governance system and the modernization of governance. To build socialist political civilization and carry forward the spirit of socialist rule of law,we must draw the force from the traditional Chinese rule of law as well as the useful experience and outstanding achievements of foreign rule of law progress. The legalist thought is one of the main lines of the ancient political thought in China. The legalist thought was gradually de?veloped in the long historical process and played an important role in maintaining the autocratic rule of the monarchy in the feudal society.Through the clarification of the formation and development of the legalist rule of law and the basic views,the author compares it with the modern rule of law. It is clear that the law is differ?ent,the subject of the rule of law different,the rule of law different,the way of the rule of law different,and the purpose of the rule of law still different,so as to abandon the thought of"laws set by monarchy","pun?ishment reduced by punishment",and"superiority of law"these historical limitations,and draw lessons from its essence,integrate the rule of law,such as"punishment without rank","clear law to eliminate private fac?tors","law changed with the times","publicizing to the public" and"publicizing laws and decrees" into the construction of modern rule of law in China. It has important enlightenment to study the legislation and estab?lish the authority of the law, to promote the rule of law in an all-round way, adhere to the equality under laws,maintain fair and justice, and so on. For the practical implementation of the theory of the rule of law with Chinese characteristics, we must take the socialist road of rule of law with Chinese characteristics un?swervingly,open up a new realm of the development of the socialist rule of law with Chinese characteristics, and strive for the grand goal of realizing law for China,so it has great theoretical and practical significance.
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