论国家治理现代化语境中德法共治的内在逻辑

On the Internal Logic of the Rule of Law with Virtue in the Context of National Governance Modernization

德法共治不是道德与法律简单地累加适用,而是既体现二者区别,又体现二者结合。德法共治要求发挥德治与法治的各自治理优势,实现优势互补,协同参与国家治理,以实现国家治理绩效的最大化。德法共治体现了国家治理现代化进程中治理手段与治理目标的统一,体现了德治与法治相结合的本质特征,因而是国家治理现代化语境中德治与法治关系的贴切表达。国家治理现代化语境中德法共治的内在逻辑表现为:法治是国家治理现代化的基本原则和标志;实现善治的理想状态要以现代道德为基础;以社会主义核心价值观引领德治和法治建设;坚持依规治党与以德治党相统一是推进德法共治的重要抓手。

The rule of law with virtue is not simply the cumulative application of virtue and law,but shows the difference between them and the integration of them.In order to achieve the maximization of national governance performance,it is required to develop the respective governance advantages of rule of virtue and rule of law,achieve complementary advantages,and participate in national governance collaboratively.The rule of law with virtue embodies the unity of means and goals of governance in the process of national governance modernization and reflects the essential features of the combination of rule of virtue and rule of law.Therefore,it appropriately expresses the relation between virtue and law in the context of the national governance modernization.The internal logic of the rule of law with virtue in the context of national governance modernization demonstrates as follows:the rule of law is the basic principle and symbol of the national governance modernization;the achievement of the ideal state of good governance is based on modern morality;the construction of rule of virtue and law should be led by the core socialist values;the unification of governing the party in accordance with law and virtue is an important step to promote the rule of law with virtue.