法治现代化建设思路新探--对人治现象经济学分析引起的反思

江泽民同志在党的十六大报告中明确指出，依法治国和以德治国相辅相成，实行依法治国和以德治国相结合是建设有中国特色社会主义必须坚持的十条基本经验之一；从而进一步强调“依法治国”的重要性，并把“以德治国”置于同等重要地位。要探索社会主义法治建设的新思路就必须在对古代社会人治现象进行经济学分析的基础之上，在肯定法治是历史必然的前提下，对中国社会转型期的法治现代化建设进行成本分析，进而实现“德治”和“法治”共同发展，以降低法治建设的成本。

A Reflection on the Building of Modernization of Governing by Law

Comrade Jiang Zeming clearly pointed out in the report of the Part y' s 16th Congress that governing the country by law and governing the country by m orals complement each other and that combination of governing the country with g overning the country by morals one of the ten basic experiences which we should stick to in building the socialism with the Chinese features. He further stresse d the importance of governing the country by law and considered governing the co untry by morals as being equally important. To explore the building of the socia list governing by law, we must carry out the economic analysis of the phenomenon of governing by persons in the ancient society and on the precondition that gov erning by law is historically inevitable, conduct the cost analysis of the build ing of modernization of governing by law in the transitional period of the Chine se society. Governing by morals and governing by law should develop together to reduce the cost of the building of governing by law.