论政治伦理共识对依法治国的意义——从城市拆迁问题谈起

The Significance of Political and Ethical Consensus on the Rule of Law

近年来,随着社会转型、城市规划建设过程中因土地征用而导致的社会矛盾冲突越发突出。以人为本的核心精神是联系群众与政府部门最直接,也是最合乎正义的因素,它关系到拆迁过程中所涉及到政治伦理形成共识性的有效性条件。早期革命年代的"应然"性和当代"实然"性在社会治理发展中表现出一定张力,然而贯穿于革命年代与现代的以人为本的核心精神是消解其张力的有效路径,从"权力意志—法律制度—法治治理",形成以道德制度为指导有序的政治参与表达机制就是群众与政府部门之间有效性沟通的"链接者"。

In recent years, along with social transformation, in the process of urban planning social conflicts caused by land requisition have become more and more prominent. The people-oriented core spirit is the most direct and righteous factor to contact the masses with government departments, which is related to effective condition of commonness of political ethics involved in the process of demolition and migration. The ＂ought to be＂ of early revolutionary era and contemporary ＂what it is＂ shows a certain tension in social governance development. However, the people-oriented core spirit throughout the revolution era and modern society is the effective path to eliminate the tension. From the ＂will and power - law system and governance under the rule of law＂, forming the expression mechanism of orderly political participation guided by moral system is the link to effectively connect the masses and government departments.