从经济增长驱动到法治指标驱动——中国地方法治动力机制研究

The Study of The Motivation Mechanism of Local Governments' Governance by Law: From Economic Growth Driving to Figures of Governance by Law Driving

地方法治是中国法治体系的重要组成部分。地方法治发展的不同阶段,因其动力机制不同而呈现不同特点。在地方法治建设初期,法治被视作"为经济建设保驾护航"的工具,地方法治呈现出制度创新乃至体制突破的特点。随着国家治理目标转型升级,法治本身的价值得以凸显,原有的动力机制正在被将地方法治建设成效作为评价考核指标的"法治指标"动力机制所取代,法治的自主性日益增强。但无论是"经济增长型"还是"法治指标型"动力机制,均为政府主导、政绩导向,其持续性和长期效果堪忧。地方法治建设的未来发展,宜充分发挥社会公众的主体作用,培育"开放协作型"新动力机制。

Local governance by law is an essential part of China＇s governance by law system. The development of local governance by law shows different characteristics during different stages because of different mechanisms. In the early stage of establishing local governance by law, governance by law was seen as a method of securing economic development that the characteristic was system innovation and breakthrough. With the upgrading of national governance objectives, the value of governance by law itself becomes prominent and the previous motivation mechanism is being replaced by figure mechanism of governance by law which is used as an indicator of performance check. Meanwhile, the autonomy of governance by law is building up. However, economic growth driving mechanism pattern and figures of governance by law driving mechanism pattern are both dominated by government and determined by political achievements, whose sustainability and long term effectiveness are under concern. The future development of local construction of governance by law lies in making the best of public motivation and cultivating a new motivation mechanism that is open and cooperative.