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我国目前正处于从“法制”到“法治”的转型过程中问:中国是不是已经从“人治”过渡到“法治”。而且不是“法制”是“法治”呢?李曙光(中国政法大学教授):提的问题比较专业。注意到了法制与法治的不同,确实从我们学术界来看,我们对人治、法制与法治,我们把这认为是一个法治发展的链条。在打倒“四人帮”之前我们很长时间是处于人治的状态,也就是说,没有任何法律规范,个人专制、独断、一言堂、治理社会的方式随意性非常强,典型的无法无天,在文革当中这种缺乏制度与法律规范来治理国家的状态导致了一场灾难。1978年改革开放初期,我们一开始就注意到了依法治国的重要性,
At present, China is in the process of transition from the “legal system” to the “rule of law.” Q: Has China transitioned from “rule of man” to “rule of law”? And not “legal system ” is “rule of law ”? Li Shuguang (China University of Political Science and Law professor): mention the problem more professional. Having noticed the difference between the legal system and the rule of law, indeed from our academic perspective, we regard the rule of man, the rule of law and the rule of law as we regard it as a chain of rule of law development. Before we overthrow the “gang of four,” we have been in a state of being dominated by man for a long time. That is to say, there is no legal norms, individual dictatorship, arbitrariness, imposing judgments on society and the way of governing the society is very arbitrary and typically lawless. During the Cultural Revolution This lack of institutions and legal norms to govern the state of the country led to a disaster. In the early days of 1978, when we first noticed the importance of governing the country according to law,