德治基础上的法治:中国的国家治理现代化之路

The Rule of Law Based on the Rule of Virtue:China’s Modernization of State Governance

德治的本质在于激发人的善意与潜能,使人们做出符合美德的行为与结果,更好实现自身的价值与理想及组织的目标与愿景,最终实现社会的文明、秩序、友善、诚信、安定、和谐及人民安居乐业与国家长治久安等“善治”。基于国民整体素质的日益提升及知识型工作者逐渐成为人力资源的主导、中国以德治国的治理传统与民族文化心理、当代社会发展与国家治理现代化的目标、民族复兴中国梦的实现,中国的国家治理现代化更适合走德治基础上的法治之路。该治理方法的具体实践路径是:自觉自律、积极主动地推动法治国家建设,及时推动法律制度与法治体系与时俱进的立改废,并有效宣传、普法;要充分发挥文教在国家治理中的价值与功能,通过道德引领与舆论监管实现依法治国与以德治国相结合;利用典型事件推进治理实践的改进与完善;要在特定领域实现以道德治理为主与法治托底协同发展;提升党规党纪对于党员干部的激励效能,激发其自尊、荣誉、责任、价值意识与公共服务动机等,强化初心与使命意识;在比较与借鉴中提升治理效用,在弘扬传统的基础上适度借鉴古今中外有益经验,通过比较与借鉴更好提升德治基础上法治建设的治理效用,使二者互为补充、相得益彰。

The essence of the rule of virtue is to stimulate people’s goodwill and potential,make people make behaviors and results in line with virtue,better realize their own values and ideals and the goals and vision of the organization,and finally realize the civilization,order,and friendliness of the society.,integrity,stability,harmony,and "good governance" such as people living and working in peace and contentment and the country’s long-term stability.Based on the increasing improvement of the overall quality of the people and knowledge workers gradually becoming the dominant human resources,China’s governance tradition of ruling the country by virtue and national cultural psychology,the goal of contemporary social development and the modernization of national governance,and the realization of the Chinese dream of national rejuvenation,China’s The modernization of national governance is more suitable for the rule of law based on the rule of virtue.The specific practice path of this governance method is:consciously self-discipline and actively promote the construction of a country under the rule of law,timely promote the establishment,reform and abolition of the legal system and the rule of law system with the times,and effectively publicize and popularize the law;give full play to the role of culture and education in national governance The value and function of governance,through moral guidance and public opinion supervision to achieve the combination of the rule of law and the rule of virtue;use typical events to promote the improvement and perfection of governance practices;to achieve the coordinated development of moral governance and the rule of law in specific areas;The incentive effect of party rules and discipline on party members and cadres,stimulate their self-esteem,honor,responsibility,value awareness and public service motivation,etc.,strengthen their original intention and mission awareness;improve governance effectiveness through comparison and reference,and appropriately learn from ancient and modern on the basis of carrying forward traditions The useful experiences at home and abroad can better enhance the governance effectiveness of the construction of the rule of law on the basis of the rule of virtue through comparison and reference,so that the two complement each other and complement each other.