对“以法治方式推进改革”的解读

The Interpretation of Promoting the Reform by the Rule of Law

以法治方式凝聚改革共识,进而推进改革的命题,是对法治与改革关系的重新定位。这既可提升法治在政治、经济生活中的地位,也是下一步改革的指导思想。如何准确地理解法治方式,进而理顺法治与改革的关系,跳出改革的"转型陷阱",化解权利与权力之间的"结构紧张"关系,是理论法学的重要任务。法治方式不是"你治我"或"我治你"的工具,而是一种公共治理的理性思维决策方式。改革与法治都是化解社会矛盾的危机处理方式,但无论哪一种方式的单独运用都可能会出现偏差,因为停滞改革或过于猛烈的改革都可能会激化社会矛盾,而法治走向僵化不仅会放缓改革的步伐,而且也可能强化固有的矛盾。中国既需要改革,也需要法治,改革必须在法治的框架内展开。我们需要在改革、法治与社会的三重关系中理解"以法治方式促进改革"的意蕴。

The proposition about condensing the reform consensus by the way of the rule of law and then promoting the reform is the repositioning of the relationship about the rule of law and the reform. This is not only to enhance the rule of law in the political and economic position, hut also the next step of reform＇s guiding ideology. The important task of the theory of law is that understanding the rule of law and then straightening the relationship about the rule of law and the reform, avoiding falling into the reform of the ＂transition trap＂ and resolving the ＂ structural tension＂ relationship between the power and the right. The rule of law is not the tool of ＂you rule me＂ or ＂I rule you＂, but a decision-making about rational thinking olF public governance. Reform and the rule of law are the ways of resolving social conflicts, but the separation of the two ways may bring about deviation, because the stagnated form and the violent reform may intensify social contradictions. The rigid rule of law will not only slow down the pace of reform, but could also strengthen the inherent contradictions. China not only needs to be reformed, but also needs the rule of law. Reform needs to commence within the framework of the rule of law, and we need to understand the implication of ＂ways to promote the rule of law reform＂ in the triple relationships about reform, rule of law and the society.