关于“人治”①与“法治”的讨论,曾为不同时代的政治法律研习者所热衷,而论战的结果则是法律的作用越来越受到重视,并形成或正在形成近现代意义上的“宪政”、“依法治国”情状。人的因素,尤其是感情因素越来越要受着理性的检验和规制。当然,法或者人两者中的任何一个都不可能完全取代对方的作用也为世人所公认,所谓“徒善不足以为政,徒法不能以自行”②。法律以其明确性、稳定性来限制人性的弱点,来尽量减少或避免个人权威对人类进步的阻碍或破坏;而人又须以其自身的创造性、应变性 The discussion on “rule of man ” ① and “rule of law ” has been keen on by political and legal scholars of different ages, and the result of polemic is that the role of law is getting more and more attention, and the formation or formation of modern times In the sense of “constitutionalism”, “rule of law” situation. Human factors, especially emotional factors, are increasingly subject to rational tests and regulations. Of course, neither law nor man can completely replace the role of the other as recognized by the world. The so-called “impartiality is not enough to rule the government, and the law can not be self-sufficient.” With its clarity and stability, the law limits the weakness of human nature so as to minimize or avoid the impediment or sabotage of individual authority to human progress. And people must, with their own creativity and adaptability