法治社会建设论纲

An Outline for the Construction of a Society Based on the Rule of Law

法治社会是法治中国一体建设的重要构成,它与法治国家、社会管理法治、社会法治国等范畴相关但不相同。建设法治社会是法治建设的夯基固本,是破解法治瓶颈的有效路径,是对人情社会的反思重构和对公共理性的培育与提升,有助于弥合转型中国的社会共识。法治社会具有法治的融贯性和社会的共治性两大特质。法治社会建设需要以公权力为主导,要求透过法治社会化实现社会法治化。当前,中国法治建设进入新阶段,需要处理法治失衡、法治失调、法治失信和法治失重等法治深化过程中的一般缺陷和特殊缺陷。以法治社会为重心的一体建设的法治发展观,符合法治的一般成长规律和中国社会的现状。

A society based on the rule of law is an important component of the integrated construction of a China based on the rule of law.It is related to but different from the categories of a state based on the rule of law,management of society based on the rule of law,and a social rule of law state.Building a society based on the rule of law is the very foundation of the construction of the rule of law and an effective means of breaking through bottlenecks in the rule of law.It represents the rethinking of a society based on relationships and the cultivation and sublation of public rationality,and helps bring together the social consensus of transitional China.A society based on the rule of law has two major characteristics:the coherence of the rule of law and the joint governance of society.Construction of such a society must take public power as the dominant factor and must achieve a society based on the rule of law by socializing the rule of law.At present,China's construction of the rule of law has entered a new stage.We have to deal with general and particular shortcomings that arise as the rule of law is deepened,including a lack of balance,proportion and credibility and a loss of weight.A rule of law development view that centers on a society based on the rule of law accords with the general rules of the maturing of the rule of law and the present circumstances of Chinese society.