传统中国,没有人权观而有民生观,人权主要通过民生话语获得表达。近代以来,民生逐渐转向通过人权加以表达。在民生观的历史流变过程中,民生成为一种话语机制在国家与社会之间交替转换,并在话语转换中实现民生的建构、批判、革命功能的转换。随着人权观的引入和确立,民生通过人权话语转化为民生法治时,意味着当前中国法治的建构将实现三个转变：即民生话语向权利话语转变、法治时代主题向民生转变、法治从建构国家合法性向建构社会合法性转变。%The concept of human rights is transformed by the people's livelihood because there is only the concept of people's livelihood in traditional China,not the human rights.In the modern society,the concept of people's livelihood is being expressed through human rights.With the development of the concept of people's livelihood,people's livelihood becomes a unique right of between state and society,which plays the function of constructivism,criticism or revolution.With the introduction of the concept of human rights and the transformation from the people's livelihood into the rule of law,three changes will happen in the development of China's rule of law: First,the concept of People's livelihood will change into the concept of the rights;Second,the theme of the rule of law will transform from people's livelihood into democracy;Third,the function of the rule of law will change from construction of state legitimacy into that of society legitimacy.
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