论社会学法学与法治秩序的建构

社会学法学是一个新兴的部门法学科，也是一种法学方法论，引领我们通过法律来研究社会，通过社会来研究法律。法治秩序的建构需要法律，但有法律并不一定就会有法治秩序，法治秩序的建构更重要的是依赖法律功能的发挥，关注法律和社会的实际联系。社会学法学作为一个理论体系，对法治秩序的建构具有重要的指导意义。我国实行依法治国的基本国策，实际上就是为了建构法治秩序，这就需要我们以社会学法学为视点，把法律置于中国特定的历史、化和社会情境中加以反思，推动我国依法治国的进程，从而也使社会学法学在我国有着更为广阔的发展领域。

Sociology Law Science and Construction of Order Governed by Law

Sociology law science is a new developing department law discipline. At the same time, it is a methodology of law too that leads us to study the society through the law, and to study the law through the society. The construction of order governed by law needs the law, but law might not lead to having order governed by law; The most important thing to the construction of order governed by law relies.on the legal function' s playing and pays close attention to the real connection between law and the society. Sociology law science has important guidance purpose to the construction of order governed by law as a theoretical system. Our country implements the fundamental state policy of the administration of the country according to law. In fact, in order to build the order of rule by law, we shouk regard sociology law science as the view point, putting the law in China' s specific history and culture and social situation to review , promoting process that our country runs the country according to law and in turn, making sociology law science developing in a wider field in our country too.