法治与国家治理现代化

The Rule of Law and Modernization of National Governance

法治与国家治理体系和治理能力有着内在的联系和外在的契合。法治是国家治理的基本方式。依法治国、依法执政、依法行政、严格执法和公正司法,决定了推进国家治理现代化本体上和路径上就是推进国家治理法治化。现代法治为国家治理注入良法的基本价值,提供善治的创新机制,法治对于国家治理现代化具有根本意义和决定作用;法治化是国家治理现代化的必由之路,治理体系法制化和治理能力法治化是国家治理法治化的两个基本面向;从法治国家转型升级为法治中国、从法律之治转型升级为良法善治、从法律大国转型升级为法治强国以及加快构建中国特色社会主义法治体系是法治现代化之路的主要内容。

There are internal connection and external coincidence between the rule of law and the system and ability of national governance. The rule of law is the basic way to rule a country. Ruling the country by law, governing the country by law, administering the country by law, strict enforcement of law and judicial justice make promoting modernization of national governance, in nature and in method, be promoting legalization of national governance. This paper starts from elaborating that the basic value of the modern rule of law making good laws for national governance and providing innovation mechanism for good governance, and reveals the fundamental significance and decisive role of the rule of law in national governance. Legalization of governance system and legalization of governance ability which are the two basic orientations, reveals legalization is the inevitable course to modernize national governance; analyzes the path of modernization of rule of law, the main content including transforming and upgrading from a country under the rule of law to ruling China by law, from ruling of law to good governance by good law, from a large legal country to a power of the rule of law, and accelerating constructing the socialist rule of law with Chinese characteristics.