中国传统文化历史悠久底蕴深厚,曾经深刻影响了中国传统法律制度的发生和发展。在法治已经成为我们这个社会的共识的今天,这种影响依然存在。我们言及文化指它具有某种程度的公共性和整体性。从文化的角度考虑,塑造当下“法治”现状的原因是中国的整体文化,是全体中国人的事情。当下中国法学已经取得很大成就,同时也暴露出来的困境和不足,这迫使我们寻找新的出路和方法。 China has a long history of profound traditional culture, has profoundly affected the occurrence and development of China’s traditional legal system. Today, the rule of law has become the consensus of our society, this influence still exists. We speak of culture as having a certain degree of publicity and integrity. From a cultural point of view, the reason for shaping the status quo in the present “rule of law ” is the overall Chinese culture and the Chinese as a whole. The current Chinese law has made great achievements, but also exposed the difficulties and shortcomings, which forced us to find new ways and means.