论法治社会视角下社区合作共治格局的构建

On the Construction of Community Cooperative Governance Pattern from the View of Society Ruled by Law

法治社会的建设要融合于国家治理实践之中。社区治理法治化是法治社会建设和国家治理现代化的共同要求,以实现合作共治格局下的社区善治为追求。主体、规范和意识是构成社区合作共治格局的三个基本要素,并且都各有其结构。从规范结构的视角看,社区合作共治格局的构建存在规范失衡现象突出、规范冲突时有发生、规范衔接与协同作用不足等问题。导致这些问题产生的原因包括政府主导的社区行政治理模式、国家制定法体系不完备和政策推动的治理惯性等。对此,应当将合作主义理念所包含的协同、合作与包容等具体理念逐渐融入社区合作共治构建实践之中,用以优化其主体结构、规范结构和意识结构。具体而言,应当重新定位国家公权力机关及其规范,更好地发挥党内法规的作用、为自治性规范提供更大的作用空间,以及谨慎对待民间法、道德与价值观等规范。

The construction of a society ruled by law should be integrated into the practice of state governance. The legalization of community governance is the common requirement of the construction of society ruled by law and the modernization of national governance, and the aim is to realize the good governance of community under the pattern of cooperative governance. The subjects, norms and consciousness are the three basic elements of community cooperative governance pattern and they all have their own structure. From the perspective of norms construction, there are some problems in the construction process of community cooperative governance pattern, such as the obvious norms imbalance, frequent conflicts of norms and the inadequacy of norms connection and cooperation. The reasons leading to the problems are complicated, such as the administrative community governance pattern dominated by the government, the imperfection of state legal system and the governance inertia promoted by the policies. In this regard, the concrete concepts of coordination, cooperation and tolerance contained in the concept of cooperation should be gradually integrated into the practice of community cooperative governance so as to optimize its main structure, norms structure and consciousness structure. In particular, the position of the state public authority and its norms should be relocated, the role of the inner-party regulations should be better played, the more effective space for the self-government norms should be provided and norms such as the folk law, the morals and the values should be treated with caution.