中文摘要：

改革开放以来,中国法治的各个领域都取得了长足的进步。回顾与市场经济相适应的民主法制建设的不平凡历程,揭示法制改革的现实成就及其面临的困境,总结法律发展的经验教训,在国际比较法学的研究中具有突出的样本意义。纵览中国法制改革的历史阶段及其标志性成就,可以总结出如下八个中国法治建设的模式特征及正反两方面经验：中国共产党领导下各机关部门分工负责的协商型法治,自上而下推进的权力主导型法治,中国传统法律文化、苏联法律文化和西方法律文化交织于一体的混合型法治,＂一国两制三法系四法域＂的开放型法治,强调理性主义目标规划的建构型法治,先易后难小步快跑的渐进型法治,注重实践不断试验和总结经验的学习型法治,追求公平正义与社会和谐的意识形态法治。

英文摘要：

Since the Reform and Opening-up,China has made significant progress in various fields of the rule of law.This article will provide a significant sample within the international comparative legal studies by reviewing the remarkable development of democracy and legal system,elaborating on the achievements and difficulties of legal reforms,and summarizing the experiences and lessons acquired from the legal development.Based on the analysis of the reform route,principles and policies of the Chinese Communist Party and the practice under its leadership during the new period,the following four key factors contribute to the progress of China＇s legal reform：first,the correct political objective of improving socialist democracy and legal system;second,the demand of social development and the driving force from the economic system reform — the determining factor;third,the globalization of economic and public affairs — the external challenge;fourth,people＇s growingawareness of democracy and the rule of law —the internal driver.Observing the ideology and strategic decision-making changes of the ruling party,the 38-year history of China＇s legal reform and the rule of law development since the Reform and Opening-up can be divided into three phases：Phase Ⅰ：1978—1996,symbolized by developing the″Constitution″（1982）,″General Principles of Civil Law,″″Criminal Law,″″Criminal Procedure Law,″this phase started a new voyage of China＇s socialist legal system construction.The legalization and institutionalization of social governance has made primary progress through developing a series of important laws and promoting several rounds of democratic and legal reforms,rebuilding the social management order,protecting fundamental human rights and democracy,setting up the strategic objectives of establishing a socialist market oriented economic and legal system.Phase Ⅱ：1997—2011,symbolized by building a socialist country under the rule of law as the fundamental strategy of governing.As China