中国法治社会的结构及其运行机制

The Structure and Operating Mechanisms of a Chinese Society with Rule of Law

法治社会"是具有高度中国实践特色的概念,它指公权力运作系统之外的社会生活的法治化。它与法治国家、法治政府各有独立范畴,构成了中国法治的"一体两翼"。国家动员能力、既有法律体系、社会治理基础、社会矛盾态势等具体背景,对法治社会建设构成引导或制约。法治社会建设应有强辨识性的目标指引:引导公众有序参与社会治理、维护良性的物质文化生活秩序、调适基本公共服务资源的供求、界定社会组织的适当行为空间。基层是法治社会建设的主要场域,应当直面基层特质的制约,着眼基层社会的主要事务,发挥基层社会组织的功能。同时,还应在角色分工基础上,有效整合政府、社会组织、企业、律师等法治社会建设的重要主体。

“A society with rule of law” is a concept strongly marked by the distinctive features of Chinese practice. It refers to the introduction of the rule of law in the life of society over and above the operating system of public power. Like a country with rule of law and a government with rule of law, a society with rule of law has its own independent sphere, constituting the “one body, two wings” of Chinese rule of law. The concrete context of a country’s ability to mobilize, its existing legal system, the foundation of social governance, the state of social contradictions, etc., may encourage or limit the construction of a society with rule of law. Such construction should have strongly identifiable target guidelines: it should guide orderly public participation in the governance of society, maintain good order in material and cultural life, calibrate supply and demand for basic public services, and define the proper space for the activities of social organizations. The community-level is the main field for the construction of a society with rule of law. We should confront grassroots constraints, focus on the main business of grassroots society, and make full use of the function of grassroots social organizations. At the same time, we should effectively integrate the important roles of government, social organizations, enterprises, lawyers and other players in the construction a society with rule of law.