西方社会从古希腊时代就已经形成了他们一直引以为自豪并遥遥领先于世界的法治传统。即使在最黑暗的中世纪时期,这种传统不仅没有断绝,反倒在特定的时代背景中得到继续的发展。但是在古代中国,这种优越的法治传统却无由完整并成功得以产生并运行。这在中西方同样灿烂的古代文明的对比面前,多多少少显得有些格格不入。我们可以得知中国古代社会之所以没有形成与西方社会一样优越的法治传统,是有其极其深刻的社会文化背景的。两个社会在政治、社会文化方面的巨大差异,是造成中国社会在法治传统方面表现出与西方社会诸多不同的根本原因。正是由于中国社会与西方不同的历史文化发展路径,才造就和催生了中国社会独特的历史文化传统。只是说,这种传统,运行在距离法治传统很遥远的轨道上,尽管是以一种正向态的姿势。因此,本文拟从中国社会历史文化背景的角度,通过对中西方不同社会政制和文化土壤的对比,以期对中国没有形成法治传统的历史缘由作一可能的分析。 Western societies have formed from the ancient Greek age the tradition of rule of law that they have always been proud of and far ahead of the world. Even in the darkest period of the Middle Ages, this tradition has not only been cut off, but has continued to develop in the context of a particular era. However, in ancient China, this superior tradition of the rule of law was not completely produced and successfully run. In the face of the contrast between the equally splendid ancient civilizations in China and the West, it seems more or less inconsistent. We can learn that the reason why ancient Chinese society did not form the same tradition of rule of law as that of Western society is its profound social and cultural background. The huge differences between the two societies in politics, society and culture are the fundamental reasons for the Chinese society to show many differences from the Western society in the tradition of the rule of law. It is precisely because of the different historical and cultural development paths between Chinese society and the West that it has created and gave birth to the unique historical and cultural traditions of Chinese society. Just saying that this tradition runs on tracks that are far away from the tradition of the rule of law, albeit in a positive posture. Therefore, this article intends to make a possible analysis of the historical reasons for China’s absence of a tradition of rule of law through the comparison of different social systems and cultures in China and the West from the perspective of Chinese social and historical and cultural backgrounds.