论法治建设“一体三面”的解构与融通

On the Deconstruction and Integration of the“Single Entity with Three Aspects”in the Rule of Law Construction

法治一体建设是依法治国战略发展的逻辑必然,当前法治建设首先需要对法治效力领域的三个层面:社会、政府、国家进行依次解读。法治一体建设战略的推进应以法治效力领域的三个层面为基点,对法治"一体三面":法治国家、法治政府、法治社会进行逻辑关联的解构。在此基础上,运用马克思主义唯物史观和国家学说、法社会学研究范式以及法政治学等视角进行进路探索,向构筑法治"一体三面"相融通之共建、共享、共赢的法治新格局发力。

The integrated construction of rule of law is the logic inevitable evolution of the strategy of state under law. At present,the rule of law construction needs to be unscrambled on three aspects which from society, government and state. The implementation of the rule of law integrated construction strategy ought to be based on three dimensions of the field of rule of law,and to destruct the logical connection of ＂single entity with three aspects＂of rule of law which contains state under the rule of law, government under the rule of law and society under the rule of law successively. On the basis of these aspects,using the concept of Marxism historical materialism,theory of the state,the legal sociology research paradigm,the legal politics and other perspectives to explore the path,and to construct the new pattern of rule of law which is co-built,shared,win-win that makes＂single entity with three aspects＂be intercommunicated.