推进“法治中国”战略的制度逻辑与构建

On the Substantive Construction of “Rule of Law”in China: the Institutional Logic and the Path

法治的过程是一项综合性的系统工程,既要从宏观上也要从微观上进行把握和构建。推进国家治理现代化和治理能力的内在要求是树立宪法权威。法治最为重要的目标是良法善治,其次才是规则体系之治,得到社会多数人的遵守。法治建构是实质性建构和形式合理性的统一。但目前学术界乃至实务界比较侧重于形式上建构的讨论、研究,实质性建构还有广阔的探索空间。实质性建构和形式合理性相结合达到良法善治的目标需要一种法治的联系的纽带和桥梁,即法治的深入人心。在法治文化的发展中,司法运行机制理性建设是关键环节,会对整个法治发展起到牵引作用。在当前形势下,建设"法治中国"是中国人民实现中国梦的必然选择,同时也是我们应对转型期各种挑战的必然选择。

The construction of rule by law is a comprehensive and systematic project, and needs grasping and building at both macro and micro levels. In the process, Of course, the authority of the Constitution should be established to promote the modernization of national governance and governance capability. However, its utmost goal is to achieve good law and good governance, followed by the system of rules of law, aboded by the social majority. That is, it is a unity of substantial construction and formal rationality. But at present, the academic and practical circles just focus on the discussion of the latter, with the former to be explored. The attainment of the goal of good law and good governance requires a legal tie and bridge, namely, the rule of law should strike root in the hearts of the people. Besides, in the development of the legal culture, the rational construction of the judicial operation mechanism should be the key link, which will play a guiding role in the development of the whole process. To conclude, in the current situation, the construction of ＂rule of law＂ is the inevitable choice for the Chinese people to achieve the China dream and for us to meet the various challenges emerging in the transitional period.