上世纪九十年代以来,有关“法治”的讨论一直是法学界的焦点,并且获得了一些基本结论。人们普遍认为,法治的核心在于保障个体安全、财产和自由;限制公权力的行使,使公权力的运作在法律框架下运行;确立法律至上的原则,尤其是确立宪法至上原则;确保司法独立且公正等等。然而,这并不意味着我们已经获得了有关法治的清晰看法。我们注意到如下现象:人们在谈论法治概念时,总要谈到宪政与分权的概念,谈到基本权利的观念,不仅如此,有学者还将法律的公 Since the nineties of the last century, the discussion on “the rule of law” has been the focus of the legal profession, and some basic conclusions have been obtained. People generally believe that the core of the rule of law lies in ensuring individual security, property and freedom; restricting the exercise of public power and running public power under the legal framework; establishing the principle of supremacy of law, especially the principle of the supremacy of the constitution; ensuring independence of the judiciary Just wait. However, this does not mean that we have obtained a clear view on the rule of law. We have noticed the following phenomenon: When people are talking about the concept of the rule of law, they always talk about the concept of constitutional government and the separation of powers and the concept of fundamental rights. Not only that, some scholars also put the law