一百多年来,中国从传统的农业社会模式向工业社会以及后工业社会模式发展,也从传统的人治向现代法治治理模式转变。新中国成立后,从文革中的恢复性制宪到八二宪法;从十一届三中全会提出的“有法可依、有法必依、执法必严、违法必究”到十八大提出的“科学立法、严格执法、公正司法、全民守法”的十六字方针,新中国的法治精神建设蒸蒸日上。而与此同时,“转型时期”、“发展中”等词语的限制也就意味着中国的经济、文化、社会乃至法治精神都有着“发展中”的特质。因此,在“发展中”这个背景下,法治精神的缺失现象就十分显著。无论在哪里,法治精神的缺失都是一个亟待解决的问题。由此,本文梳理法治精神缺失现象,探究法治精神缺失原因,寻求法治精神缺失的对策,对推进社会主义法治国家建设,有着极大的价值。 For more than one hundred years, China has shifted from the traditional agricultural social model to the industrial society and the post-industrial social model, and has also shifted from the traditional rule of man to the modern rule of law. After the founding of new China, from the Cultural Revolution in the recovery of the constitutional reform to the Constitution of the 8th; from the Third Plenary Session of the Eleventh Proposal “there is law to be followed, the law must be enforced, the law must be strict, illegal” The 16th principle of “scientific legislation, strict law enforcement, fair judiciary, and law-abiding citizenship” put forward by the 8th National Congress of the Communist Party of China has been booming in the spirit of establishing the rule of law in new China. At the same time, the restrictions of the words such as “period of transition” and “developing” mean that China’s economy, culture, society and even the spirit of the rule of law all have the character of “developing”. Therefore, in the context of “development ”, the absence of the spirit of the rule of law is very significant. Wherever the absence of the spirit of the rule of law is an issue to be solved urgently. Therefore, combing the phenomenon of the lack of rule of law, exploring the causes of the lack of the spirit of the rule of law and seeking for the absence of the spirit of the rule of law have great value for promoting the building of a socialist country under the rule of law.