和谐精神的导入与中国法治的转型——从以法而治到良法善治

From Rule by Law to Governance of Good Law:Harmonious Spirit and Rule of Law Transition

近代以来,人类社会的公共治理模式有过两次革命。第一次,从人治到法治(以法而治,rule by law;或依法而治,rule of law)。第二次,从以法而治(依法而治)到良法善治(gov-ernance of good law)。从人治到法治,是公共治理模式的形式革命,从"国王就是法律"演变为"法律就是国王",实现了法律至上、权利平等和形式正义。而从工具主义的以法而治和依法而治到良法善治则是公共治理模式的实质革命,以法律的"人性化"、"人文化"、"人权化"而消解了"法律暴政",实现了形式正义与实质正义的统一。和谐精神的导入正引领着中国法治迈向以良法善治为表征的和谐法治。

There have been two major revolutions in public governance in human society:from rule by person to rule by law,and,from rule by law to governance of good law. First revolution in public governance was the revolution in form,which means that 'king being law' transited to 'law being king' and realized the supremacy of law,rights equality and form justice. The second revolution is from instrument oriented rule by law to governance of good law that is the substantial revolution,with law of humanities,law of rights,dissolved the dictatorship of law and realized the integration of form justice and substantial justice. China is marching to governance of good law period under the situation of building up the harmonious society.