存在一种区域性法治吗?——对一个新法治概念的质疑

Is there a Regional Rule of Law?——Criticism of a New Concept of the Rule of Law

当下学术界认为,区域法治的话语体系是中国特色社会主义法治理论中不可或缺的一部分。在认同“区域法治”概念的基础上,众学者提出了“法治建设具体论”“区域法治先行论”“区域法治协同论”“区域法治竞争论”,以论证区域法治具有推动建设法治中国的意义。但是,从实践上来看,区域法治不仅削弱了法治的普世性,还加剧了地方权力的滥用、司法的地方化、公民权实现的特殊化。从理论上来看,区域法治与地方法治的概念难以有效区分,且区分之意义甚微;无论是作为分析对象还是分析工具,区域法治的概念均不具备规范性基础。因此,区域法治的概念既缺乏规范性,其法治意义也颇受质疑,从而逐渐成为一种没有生命力的“概念空壳”。

The current academic community believes that the discourse system of Regional Rule of Law is an indispensable part of the theory of socialist rule of law with Chinese characteristics.On the basis of recognizing the concept of"Regional Rule of Law",many scholars put forward the"Concrete theory of Regional Rule of Law","Prior theory of Regional Rule of Law","Coordinate theory of Regional Rule of Law"and"Competitive theory of Regional Rule of Law"to demonstrate the significance of Regional Rule of Law in promoting the construction of the rule of law in China.However,in practice,Regional Rule of Law not only weakens the universality of rule of law,but also intensifies the abuse of local power,localization of judicature and specialization of citizenship.Theoretically,the concept of Regional Rule of Law and the Concept of Local Rule of Law can not be effectively distinguished,and the distinction has little significance.The concept of Regional rule of Law has no normative basis either as an analytical object or as an analytical tool.Therefore,the practical value of promoting the rule of law in China by Regional Rule of Law is questioned,and its concept lacks normalization,so it gradually becomes a"concept shell"without vitality.