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在国家法制现代化建设的过程中,法治被看作是法制现代化标准的基本变相,从国家“依法治国”提出开始,中国就在不断探索法制建设的道路,但是由于中国传统观念中的人治思想以及“重实体、轻程序”的思想,使得法治之路犹为艰难,如何进行中国的法制建设成为当前重要的问题.文章认为,应打破长期“重实体,轻程序”的传统观念,注重程序,以程序正义推动民主、法制建设。
In the course of the modernization of the state legal system, the rule of law is regarded as the basic disguise of the standard of modernization of the legal system. Since the state proposed to “govern the country by law”, China has been continuously exploring the path of legal construction. However, due to the rule of man in the traditional Chinese concept Thinking and thinking of “heavy entity, light program ” make the road to rule of law still difficult, and how to carry out the legal construction in China has become an important issue at present.This article argues that we should break the long-term “heavy entity, light program ” Traditional concepts, stress on procedure, promote democracy and legal construction with procedural justice.