中国已经走上了法治之路,但远未达成对法治的共识。本文指出宪政与法治存在一致性,但区别也很明显,人权、民主是宪政、法治的共同基础,宪政较之法治更具操作性。 China has embarked on the road to rule of law, but it is far from reaching a consensus on the rule of law. This article points out that there is consistency between constitutional government and rule of law, but the difference is obvious. Human rights and democracy are the common basis of constitutional government and the rule of law. Constitutional government is more operational than the rule of law.