我国社会转型时期和谐社会法治构建论

The Harmonious Society Construction under the Rule of Law during Our Country's Transition Period

自从党的十六届四中全会提出和谐社会的伟大构想,如何从法学理论上认识这一重大课题显得尤为紧迫。和谐社会就是法治社会,目标是建设一个和谐法治社会。要达到这一目标,应从两个层次上进行构思:首先谋求的是法治控制下的权力,这是和谐社会的手段追求;其次谋求的是法治保护下的权利,这是和谐社会的目标追求。通过这两个层次的法治调控,达到构建和谐法治社会的最终目标。

Since the great idea of a harmonious society proposed by the the fourth Plenary Session of the Sixteenth Central Committee of CPC, how to understand this basic topic from the view of the theory of law has become a pressing issue. In this paper, the authors think that a harmonious society is a society ruled by law, the goal is to build a harmonious society under the rule of law. This paper attempts to explore the good relations of state power and civil rights needed in a harmonious society, so that we can provide theoretical guidance for the building of our country＇ s harmonious society. To achieve this purpose, it should be considered from two aspects： state power controlled under the rule of law, civil rights protected by the rule of law. This is the rela-tionship between means and goals. Through these two aspects of the efforts, we can achieve the ultimate goal of building a harmonious society under the rule of law.