香港形式法治与实质法治二元发展路径初探∗

摘要

Since the handover of the sovereignty,there has been heated discussions on HK practice of rule of law,which can as a matter of fact be briefly described as the gaming between the formalist and sub-stantialist theories of rule of law under the paradigm of the monist theory as far as rule of law is concerned, which does not correctly depict the basic mechanism of rule of law,casting negative effects on the reaching of the social consensus.Following the dualist paths of the formalistic and substantial rule of law can effec-tively reconcile the conflicting conceptions of rule of law,ensure the benign development of rule of law, and guarantee the long-term prosperity and stability in HKSAR.%自回归以来，围绕香港法治实践的激烈争鸣，可简约为“法治一元论”范式下的形式法治主义者与实质法治主义者之间的博弈。“法治一元论”难以准确地解读法治发展的基本规律，不利于凝聚港人的法治共识。依循“法治二元论”范式下的香港形式法治与实质法治二元发展路径，既可有效地调和相互冲突的法治观念，又能确保香港法治的良性发展，维护香港的长期繁荣与稳定。