在法治方略下寻求社会管理创新

On the Pursuit of Social Management Innovation under the Rule by Law

社会管理创新是我国社会建设事业推进过程中回应现阶段经济政治社会发展的必然要求。在法治方面成为国家根本治国方略的当代,在法治方略下寻求社会管理创新具有现实正当性和优越性;依法适度培植社会组织和规范引导社会组织发展、在立法模式上改过去的行政主导立法为博弈立法、完善税收法制、立法中更多地吸收社会生活中形成的习惯和惯例、构建政府与社会分工合作各司其职的适法格局等是法治方略下寻求社会管理创新的根本性举措。社会管理法治化是人类社会发展和法治发展之逻辑必然。

During the proceeding of Chinese social construction, the innovation of social management is an indispensable requirement in response to the current economic, political and social development. The rule by law has already become the fundamental statecraft of nowadays＂ China, therefore the pursuit of social management innovation is endowed with real legitimacy and incomparable superiority. In order to realize the social management innovation, we are supposed to take certain fundamental initiatives, such as to cultivate and develop social organizations under law moderately, to change from the past executiveled legislation mode to the game legislation mode, to perfect the tax legal system, to admit more habits and conventions formed in the social life by legislation, and to build the framework of labor division between the government and the society. Consequently, social management by law is the inevitable logical result of development of human society and the rule by law.