基层非正式治理的法治化路径

The Path of Rule by Law for Informal Grassroots Governance

全面推进依法治国是治国理政的基本方略,但因制度供给无法满足基层治理需要以及传统文化因素的影响,基层治理实践中存在着与国家主导下的正式规则不完全一致的'非正式运作',尽管缺乏充足的合法性,但具有治理的有效性。基层非正式运作是一个不可回避的现实,与法治化治理既具有同向性,也存在冲突,从长远来看,只有立足于现有的社会条件,加强契合基层治理需要的制度规范供给,尊重私法领域多元主体的合作治理,不断培育民众的法治意识,非正式运作的空间将会逐渐缩小,最终迈向法治化治理。

Comprehensively promoting the rule of law is the basic strategy of governing the country,however,because the system supply cannot meet the needs of grass-roots governance and the influence of traditional cultural factors,the practice of grass-roots governance is not completely consistent with the formal rules led by the state.Despite its lack of legitimacy,it has the effectiveness of governance.Informal grass-roots operation is an unavoidable reality,which is codirectional and in conflict with the rule of law.In the long run,only by relying on the existing social conditions,strengthening the institutional and normative supply that meets the needs of grassroots governance,respecting the cooperative governance of multiple subjects in the field of private law,and constantly cultivating the public’s awareness of the rule of law,the informal operation space will be gradually narrowed,and eventually move towards the rule of law governance.