《德里宣言》确认,“法治是一个能动的概念”①,治国的主体作用反映人之于国家客体的能动性,主体既受观念的制约,客体又反作用于主体。本文组织了三个部分以完成上述的辩证命题:(一)人治和法治治国主体的区别;(二)主体和权利的关系;(三)国家法律机制的健全和完善。 封建思想文化的本质是异化人,所谓异化人,即人的价值客体化,泯灭人的主体人格。乍看起来,悠久而灿烂的民族传统思想文化远非象现代理性所评判的这样惨无人道,相反,往往却是声情并茂,娓娓动听,字里行间充满人性的魅力。法国《人权宣言》的创作巨匠曾为之折腰,并俯拾其片句而措《宣言》间。至今,封建异化人的治国主体观仍然占有广泛的文化市场,严重地束缚着我们走向依法治国的康庄大道。 The “Declaration of Delhi” confirms that “the rule of law is an active concept.” The main function of governing the state reflects the initiative of the people in the state’s object. The subject is restricted by the concept and the object reacts to the subject. This article has organized three parts to accomplish the above dialectical proposition: (1) the difference between the rule of man and the rule of law; (2) the relationship between the subject and the right; and (3) the improvement and perfection of the national legal mechanism. The essence of feudal ideology and culture is alienated, so-called alienated, that is, the objectification of human values ​​and the destruction of human beings. At first glance, the long and splendid national traditional culture of thought is far from being inhuman as judged by modern rationality. On the contrary, it is often characterized by its rich and beautiful voice and attractive human nature. The great masters of the French “Declaration of Human Rights” have been bent upon them and took the slogan and proclaimed the Declaration. So far, the feudal alien humanist concept of governing the country still occupies a wide range of cultural markets, seriously hampering our ambitious path towards governing the country according to law.