对法律治理的反思及重构——以社会管理机制的完善与创新为视角

Reflection on and Reconstruction of the Legal Governance——From the perspective of perfection and innovation of the mechanism of social management

随着经济发展和社会转型,法律在现代社会管理中的作用不断增强,中国已进入一个通过法律建构社会秩序的时代。但法律治理与社会管理之间存在难以弥合的缝隙,且过多地强调法律治理会出现"法律依赖主义"的困境。因而,新时期社会管理机制应当充分考虑当前社会管理与法律治理之间存在的矛盾,通过调动公民参与社会管理、完善多元化纠纷解决机制以及加强道德约束等途径,使整个社会管理秩序日趋健康、完善。

With economic development and social transformation, the modern law has played an in- creasingly important role in the field of social management. However, there exists inherent limitations and difficulties in the social management which is under the governance of rules, for that it is difficult to bridge the gap between legal governance and social management, and when we set too much em- phasis on legal governance there will be a dilemma of ＂legal over-dependency＂. This paper holds that social management mechanism in the present new era should take full account of current conflicts be- tween social management and legal governance, and the channels of promoting more and more citizens to participate in social management. Perfecting the diversification of the dispute settlement mechanism and strengthening moral constraints should be taken in order to make the whole order of social manage- ment become healthy and perfect.