当今中国，“依法治国”的方略已经正式载入宪法，获得了崇高的宪法地位，对于如何建设社会主义法治国家，学者们见仁见智。为了对中国法治道路的选择提供有助益之参考，笔者进行了本课题的研究。 论文第一部分，笔者提出了问题，即中国法治进程面临诸多问题，探索法治道路应着眼于国家和社会关系的重构上。介绍了国内外对本课题的研究情况和本文研究的思路、方法及意义。 论文第二部分，笔者首先对市民社会和政治国家的一般理论进行概述，进而通过实事求是的论证和历史的、逻辑的分析，得出政治国家和市民社会的矛盾发展,表现出人类历史演进的主流涌动和多样化进程，并且从国家与社会的关系中，我们可以揭示出现代法治的真正内涵，而市民社会则是现代法治得以生成和发展的基础和源泉。正是由于市民社会特殊的结构和特征，使其具备了其他社会所不具有的法治功能，从而为法治发展提供了多元化的社会基础：普遍利益与特殊利益的冲突与协调导致法律至上；多元社会权利对国家权力的分享与制衡实现了权利保障，而且市民社会孕育自由、平等的法治理念。并且西方法治数个世纪蛹化、成长、演变的漫长历史，以更加有力的实证告诉我们，市民社会是法治形成的基础。 论文第三部分，笔者对中国法治道路的现实问题进行了评析，并对中国法治的努力方向进行了探讨。中国法治面临的问题主要有三个方面：（1）政府推进型法治阻碍现代法治的良性发展；（2）中国的城市社会，商品经济发展迟缓、市民阶级缺乏自主意识，成为法治形成的不利因素；（3）乡土社会，法律意识淡漠，法律资源匮乏，使得法治的实现缺乏主体条件。面对这些问题，我们得到一种启示，中国要走向法治必须构建自己的市民社会。结合中国的实际，笔者得出结论：中国法治的努力方向，应当是国家与社会双向互动的发展道路或模式。 论文第四部分，笔者从建构和培育现代市民社会；政治国家必须弘扬正义法精神，实现依法治国；建立国家与社会之间顺畅的沟通机制三个方面，论述实现政治国家与市民社会良性互动的途径，从而促进中国现代法治的形成与发展。 论文结论中，笔者提出政治国家和市民社会良性互动关系的构建，这才是中国法治的根本和关键。

Nowadays in China, the general plan of “Ruling the country by law” has already been written into the constitution, and has got a high constitutional status. Learned men have different opinions on how to construct the socialist legitimate country. In order to offer some useful opinions for China toward the rule of law, the author does the research on this subject. In the first part of the thesis, the author puts forward the question, that is, in the process of China towards the rule of law, it is faced with many problems, and for exploring the way of ruling by law, we must pay our attention to the re-constructing relationship between the state and the civil society. Then it introduces the research of this subject both at home and abroad, the thinking thread, means and significance. In the second part of the thesis, the author firstly gives a summary statement on common theories of civil society political state. Then after proving by reality, analyzing historically and logically, the author concludes that the contradictory development of civil society and political state exhibited the mainstream emergence and the course of diversification of the evolution of human history. Also from the relationship between civil society and political state, we can reveal the true meaning of modern constitutionality. And it is the civil society which is the fountain for the operation of the rule of law; it is also the base of the rule of law. It is because the special structure and characteristic of civil society that made it has the legitimate function which other society does not have, thus it provides multi-social bases for the rule of law: the superiority of law resulting from the conflict and coordination of the general and special interests; the guarantee of rights facilitated by the sharing and checks and balances of state powers with the pluralist social rights; civil society is pregnant with legitimate ideas of freedom and equality. And the long history of the rule of law in the west, which had been pupating, growing and evolving, gives us a convincing example that civil society is the base for the formation of the rule of law. In the third part of the thesis, the author comments the actual problems and discusses the direction of efforts about the rule of law in China. There are three aspects of problems in the process of China towards the rule of law: For one, the government-driven road towards the rule of law hinders modern constitutionality from developing well; for another, the development of civic society and commodity economy in china are slow, civil class lacks the consciousness to act on their own, and all of these become the disadvantageous factors for the formation of the rule of law; in the end, ignorance in legal consciousness and scarcity in legal resources in Chinese countryside society make the realizing of the rule of law lacks subject conditions. So we have got enlightenment from these problems: China must construct its own civil society. Combining Chinese reality, the author concludes that the direction of efforts in the progress of the rule of law in China should be a road or a mode which is a kind of interactive development of civil society and state. In the fourth part of the thesis, the author puts forward the demonstration countermeasure to construct the road of interactive mode between civil society and state from the three aspects of cultivating modern civil society, carrying forward the spirit of justice law and ruling the country by law, founding the unhindered communication system between the society and the state, and then we can promote the formation and development of modern constitutionality in China. In the conclusion, the author points out that the construction of effective and interactive relationship between political state and civil society is the foundation and key to the rule of law in China.