西部民族地区的自治与法治:范式变迁、融合困境与出路构建

The Autonomy and Rule of Law in the Minority-Populated Areas of the West Part of China:Changes of Norm,Difficulties of Integration and Formation of Path

法治化的发展,推动了西部民族地区从传统的粗放式管理范式向现代的法治化治理范式变迁,在取得瞩目成就的同时,也面临着困难与挑战。受自治与法治的融合障碍影响,西部民族地区社会治理中也存在一些问题:在政治管理方面主体权利配享不合理;在经济调控方面利益重心难协调;在文化建设方面传统性和现代性有摩擦;在治理理念方面,自治观念与法治理念存差异。有必要通过构建多元主体协同治理体系,明确利益重心,共享经济利益,促进文化兼容,构建文化共同体,同时融合治理理念,形成合力。从而深度融合自治与法治,实现西部民族地区社会治理法治化的规范和完善,促进共建、共治、共享社会治理格局的构建。

The development of legalization has pushed the change of governing form in the minority-populated areas of the west part of China from the traditional extensive administration into the modern legalized form of rule of law.While great achievement has been made,difficulty and challenge have been faced with.Due to the difficulties in integrating autonomy with rule of law,some problems in the social governance in the minority-populated areas of the west part of China have emerged as follows.In terms of political administration,the subject right is not properly distributed.In terms of economic regulation and control,the interest core is difficult to be coordinated.In terms of cultural construction,there is some conflict between tradition and modernity.In terms of governance concept,there exists some difference between the concept of autonomy and the concept of rule of law.Therefore,it is necessary to establish a multi-subject cooperative governance system so that the interest core can be clarified,economic interest can be shared,cultural integration can be boosted,cultural community can be constructed,governance concepts can be blended,joint force can be formed.Thereby,by deeply integrating autonomy and rule of law,the normalization perfection the legalization of social governance in the minority-populated areas of the west part of China is realized,promoting the establishment of a jointly-constructed,jointly-governed and jointly-shared social governance pattern.