领域法思维与国家治理的路径拓补

The Thinking Mode of Field of Law and the Path Dynamic of National Governance

新兴领域立法强调整合思维,熔多元规范于一炉,以"去抽象化"方式回应现实需求并实现内部逻辑自洽。领域立法的异质性要求执法过程更为精细,针对不同调整对象设置差异化权义结构,调节方向和力度随时空条件变化而保持弹性。新兴领域的纠纷处理兼具法律技术和领域知识的专业性,应适时考虑设置专门合议庭、专门法庭或专门法院,破解事实认定和法律适用的双重难题。领域法思维指引下的立法、执法和司法也要遵循一般法理和基本规律,与部门法思维发挥合力,共促国家治理现代化的实现。

The legislation in the new field of law put emphasis on the thinking mode of putting items together and lots of norms as a whole, using the anti-abstraction method to reply the real world and make itself a coherent system. The heterogeneity of field of law ask for the sophisticated process of legal enforcement and the differentiated setting of rights and obligations according to different subjects, the direction and strength should keep its flexibility in specific time and space. The newly oriented conflicts have the specialty of legal techniques and field knowledge, special courts should he established to deal with the problem of fact finding and law using. The legislation, legal enforcement and judicial process should also obey to the general principle of law, combined with legal sections to lead to the modernization of national governance.