一、法治的学理沿革。所谓法治,是指由统治者通过强制性的法律来治理国政,管理社会。法治与人治是古往今来的法学家不可回避的问题,并在漫长的历史中不断得到深化。远在希腊不少思想家都开始强调守法的重要性,柏拉图在其晚年的法学专著《法律篇》中改变人治的主张,重点强调遵守法律的重要性,强调官吏必须服从法律,认为统治者应是不受个人感情影响的法律,而且法律要其权威至高无上,开创了西方法治理论的先河。 First, the rule of law academic evolution. The so-called rule of law refers to the rulers through the mandatory laws to govern the state administration, social management. The rule of law and the rule of man are the unavoidable problems of jurists throughout the ages and have been constantly deepened in the long history. As far as Greece’s thinkers are beginning to emphasize the importance of law-abiding, Plato changed the doctrine of people’s rule in his later legal monograph Law, emphasizing the importance of obeying the law, emphasizing that officials must obey the law and think rulers should be Laws that are not affected by personal feelings, and the law to its supreme authority, created the precedent of Western theory of law.