包容性法治理念的核心要素与实践理路

Core Elements and Practical Logic of Inclusive Rule of Law

传统法治模式与法治改革常常会使部分社会群体的合理利益受到损害,从而使宏观层面的平等与公正难以实现。包容性法治理念致力于减少社会排斥,要求社会主体具备社会情怀与社会责任感,其价值追求是社会总体法治环境建设与法治的长远发展。包容性法治理念核心要素包括:以社会角色因素为重点的机会分配、以社会利益为基点的广义产权构建、以减少社会排斥为核心的公共法律资源配置以及以社会帮扶为要义的法治文化建设,前两者是立法层面的核心要素,后两者为法律实施层面的核心要素。包容性法治理念的实践理路包括:推进法治国家、法治政府与法治社会协同建设,促进法治、政策治理、社会自治三种调整方式协同整合。

The traditional rule of law model and its reform often damage the reasonable interests of some social groups, which makes it difficult to achieve equality and justice at the macro level. The concept of inclusive rule of law is dedicated to reducing social exclusion, requiring social subjects to have social feelings and social responsibility. Its value pursuit is the construction of the overall rule of law environment and its long-term development. The core elements are as follows: opportunity distribution focusing on social role factors, construction of broad property rights based on social interests, allocation of public legal resources based on reducing social exclusion and construction of rule of law culture based on social assistance. The first two are the core elements of legislation, and the last two are the core elements of law implementation. The practical approach of inclusive rule of law includes promoting the collaborative construction of legal country, legal government and legal society, and promoting the coordination and integration of rule of law, policy governance and social autonomy.