法治背景下“利益”再审视与和谐社会构建

Examining “Interests” in the Context of the Rule by Law and Construction of Harmonious Society

"利益"因素历来是社会成员关注的热点,社会成员尽其所能追逐利益的时候,需要有强制性规范来约束,法律的介入变得尤为重要。本文以法治社会为背景,重新审视利益的本质属性、利益矛盾的表现形态、利益的调整机制,提出在和谐社会构建过程中要逐步实现让权利入主而让权力退场,通过法治抑制公权的膨胀,赋予社会成员以权力即通常所说的自主权,将利益纳入法治化的博弈渠道;通过社会成员相互间自由竞争、博弈,促使社会成员和谐共存。

＂Interest＂ factor has always been the focus attention of members of society.When all members try their best and struggle with the pursuit of interests,we need peremptory norms to constrain.So,the involvement of law becomes more and more important.Setting the background of the rule by law,we review the nature of interests,the manifestations of interests contradiction,and the adjustment mechanism of interests.Furthermore,in the process of building a harmonious society,the paper puts forwards that we should let the right get into and let the power get out,suppress the expansion of civil rights through the rule by law,give the members of society autonomy rights,make interests into the channels of the rule by law,and through free competition between members of society,in order to make members of society promote harmony.