通过法治的社会治理

The Rule of Law and Social Governance

近代以来,西方经历了两次社会治理转型,第一次从宗教治理秩序转向法权治理秩序,最终形成了一个理性化的官僚体系;第二次从单一权威治理主体转向多元治理主体。在这两次转型过程中,法治都发挥了至关重要的作用。以法治的视角审视中国社会治理,可以发现当前其主要困境是前现代问题与现代性问题交织。要破解这一困局,还需回到法治上来。党的十八届四中全会提出全面推进依法治国,为中国社会治理现代化提供了契机。

In modern times, the West has experienced two transitions in social governance. In thefirst time, it turned from the religious governance to the legal governance, eventually, it formed a rational bureaucracy. In the second time, it turned from a single authority to multiple governance. In both of the transition process, the rule of law played a vital role. Pre-modern and modern issues intertwinedwhich form the most challenge to Chinese social governance transition. To overcome this impasse, the rule of law is necessary. The Fourth Plenary Session of the 18 th CPC Central Committeeapproved the de'cision of governing the country according to the rule of law, which provides an opportunity for Chinas social governance modernization.