论“寓法于治”与内生型法治

On“Law Dwelling in Control”and Endogenous Government by Law

法治中国包括法治国家、法治政府和法治社会三位一体,其中法治社会是基础。只有将法律制度寓于基层社会治理过程之中,将法律制度条文转化为人们日常生活的实践行为和生活方式,法治社会才有牢固的根基。长期以来,由于农业社会及其行政社会基础,中国基层治理缺乏法治的元素,其治理方式主要依靠"礼治"和"力治"。尽管由外向内引进了法治观念,从上到下开展了"普法活动",但法治难以落地。文本通过对湖北恩施州的"律师进村、法律便民"实践的调查,发现法治不仅是国家建设的目标,并已成为基层治理内部的需要,且通过一系列机制将法治寓于基层治理过程之中,开辟出一条内生型法治道路。

China by law covers state by law, government by law and society by law, of which society by law is a foundation. Only if legal system dwells in grass-root social governance and clauses of legal system turn into practice in daily life and way of life, can society by law have a solid ground. For a long time, since our agricultural society and its executive social base lack legal element, its governance pattern mainly relies on rule by rites and punishment. Though legal concept has been introduced from abroad and law-diffusing activities carried out from up to down, the rule of law can hardly be exercised. The essya writers, based on the probe into the lawyers dispatched to villages and law given to cillagers practiced in Enshi prefecture, Hubei province, get to know that the rule of law is not only an aim for national construction but internal demand from grass-root governance. Besides, a set of mechanisms are applied to grass-root governance to opne up a road of endogenous government by law