法学问题从来就不是一个纯粹的问题,而是与哲学问题密切相关。要探究中国法治的人性问题必须从中国哲学的“心性论”问题入手。本文概略考察了“心性论”与法治的关系,指出法治发展的核心进路在于良法之治,法治必须符合人性,人性使法治成为必然。 The law problem has never been a pure problem, but it is closely related to the philosophical problem. To probe into the humanity issue of the Chinese rule of law, we must start with the question of the “theory of the mindset” of Chinese philosophy. This article has a brief survey of the relationship between the “theory of the mind and the rule of law” and points out that the core approach to the development of the rule of law lies in the rule of good law. The rule of law must conform to human nature. Humanity makes the rule of law inevitable.