纵向国家权力体系下的区域法治建构

The Construction of Regional Rule of Law in Vertical System of State Power

区域法治是根据区域特色实行法治治理,以形成既具有法治共性又强调地方个性的法治运行模式。地方自主是区域法治的根基所在。纵向国家权力体系下,地方自主基于中央与地方权力划分的基本事实。区域法治以合作性道德为基础,致力于合作依赖型央地关系的构建。地方自治与央地共治的辩证是区域法治的法理根基。同时,区域法治在法制选择上亟需打破集权与分权的二元对抗思维,采取统合模式,以地方法案的"试错—确认"为国家法治发展提供经验与教训。对于中国这样一个超大型国家而言,区域法治作为一种法律实验,既能保障地方联合发展的成果,又可坚定地维护中央的权威,是必须加以认真对待的。

Regional rule of law is an operating mode of the rule of law with both common characters and local personalities by ruling of law based on the regional specialist. Local autonomy is the foundation of the regional rule of law. In vertical system of state power, local autonomy is rooted in the basic fact which is the division of power between the central and local. Regional rule of law is devoted to establish a co-dependent relationship between the central and local based on the cooperative morality. The dialectical relationship of the local self-rule and shared-rule between the central and local is the legal basis of regional rule of law. Besides, regional rule of law needs to break the binary opposition thinking of centralization and decentralization, take the integration model in order to provide experiences and lessons for the development of the national rule of law by the 'trial and confirm' mode of local bill. This is the other proposition thereof. For an ultra-large country such as China, the regional rule of law as a legal test should be taken seriously, as its value relies on protecting the results of the local joint development and simultaneously maintaining the central authority firmly.