我们实在不需要将法治和人治完全割裂,视为两种完全相反的路径,实际上法治和人治是基于不同的区分标准而产生的不同概念,两者无论从内涵还是外延来说都是截然不同的。前者与意识有关,后者与制度形态有关。说到底,我们应该让法律的回归法律,制度的回归制度。必须承认并坚持的一点是,法律是本源的,制度是宪法派生的,只有这样我们才能从根本上把握依法治国的方向。但这之后,制度便产生了独立性,就像婴儿从母体中诞生后成为独立的实体。个人之治是与集体之治相对应的概念,而法治则对应着“德治”、“武治”和“暴政”。 We really do not need to completely separate the rule of law and rule of man from one another. We see the two diametrically opposite paths. In fact, the rule of law and rule of man are different concepts based on different criteria of distinction. Both of them are quite different in terms of connotation and extension of. The former is related to consciousness, the latter is related to the system. After all, we should let the law return to the law, the system of return system. The point that must be admitted and adhered to is that law is the source and the system is derived from the Constitution. Only in this way can we fundamentally grasp the direction of governing the country according to law. But after that, the system became independent, just as the baby became an independent entity after it was born. The rule of the individual is the concept corresponding to the rule of the collective, whereas the rule of law corresponds to the rule of “rule of virtue”, “rule of war” and “tyranny.”