社会治理的法治短板及其补齐——以社会“治疫”为例的分析

The Shortcomings of Rule of Law in Social Governance and Its Compensation—A Case Analysis of Social“Anti-Epidemic”

2020年的新冠肺炎疫情应对大考,中国交出了一份令世人满意的抗疫成绩单,充分彰显了中国制度与国家治理体系及治理能力的优势。其中,作为国家治理体系组成部分的社会治理亦功不可没。社会治理在时至今日的“抗疫”中依然在发挥着不可或缺的作用,但在抗击新冠疫情的进程中,社会治理也暴露出一些短板与不足,而最为突出的就是法治短板。社会治理在疫情防控中的法治短板,主要表现为:在法治化方面存在制度空白与空缺、主体功能悬置;在具体举措方面则存在有可能与法治相悖的现象或需要进一步改进的问题。对此,需要全面推进和深化我国社会治理领域的法治化建设:增强法治思维,提升法治认知;实现一般法治与非常法治的统一;加强立法的跟进与协调,形成完备的社会治理法律规范体系;构建融规制性与预防性、统一性与差异性于一体的法律制度体系。

In the fighting against the Covid-19 epidemic in 2020,China fulfilled its task in a very satisfactory manner for the world,fully demonstrating the advantages of its system and the national governance capability and power.Among them,the contribution of social administration as a component of national governance should never be neglected.Social administration is still playing a vital role in the campaign against Covid-19.However,during this process,some defects have been found with social administration,the most prominent being with the rule of law.Defects in this regard mainly demonstrate themselves in the absence of mechanism,the suspension of subjective function in the construction of the rule of law,and in the phenomena or issues that go against the rule of law.In this regard,it is necessary to comprehensively promote and deepen the construction of the rule of law in the field of social administration in China:the rule of law mentality to be enhanced with an upgraded rule of law awareness;unification of general rule of law and particular rule of law to be realized;follow-up legislation and coordination to be strengthened for the formation of a consummated socialist legal system;a legal system integrating regulation and prevention,and cohesiveness and difference to be built.