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人性与法治的联系成了法学界的共识,即性善论文化与人治关系密切;性恶论与民主法治注定相连。在西学东渐的语境下,人性论与法治之关系的命题,实质是“西学中心论”心态的折射。在中西文化交融的背景下,它具有一定积极意义,同时也要接受理性的反思。
The connection between humanity and the rule of law has become the common understanding of the legal circle that the relationship between the theory of goodness and humanity is closely related to the rule of man and that the theory of sexuality and evil is destined to be connected with the rule of democracy and the rule of law. In the context of the gradual progress of Western learning, the proposition of the relationship between human nature and the rule of law is essentially the refraction of the mentality of “Western Academic Center”. In the context of the integration of Chinese and Western cultures, it has some positive significance, but also to accept the rational reflection.