“良法善治”在中国法治图景下的样态呈现

The Presentation of"Good Law and Good Governance"in China's Rule of Law Scenario

中国法治兼具工具性与实践性、传统性与创新性的时代特征要求中国要走出一条运用法理思维建设以人为本的社会主义“良法善治”道路。“良法善治”在中国法治的整个图景下呈现出复杂的新样态,“良法”与“善治”相互区别又相互联系,二者辩证统一于“人民”,是“以人为本”的法治要求。中国共产党人民性的特征决定了它能够将为人民服务贯彻到底,是推动“良法善治”实现的最佳领导团体。权利是人民能够获得利益的最直接、有效的途径,权利保护法律体系的建立和完善是“良法善治”实现的直观表现。民生问题是“以人为本”能否得到实现的根本问题,社会主义福利保障制度的完善是解决民生问题,实现“良法善治”的现实要求。

The rule of law in China is both instrumental and practical,traditional and innovative,which requires China to take a path of using legal thinking to build a people-oriented socialist"good law and good governance".The"good law and good governance"take on a complex new form in the overall picture of the rule of law in China,with"good law"and"good governance"being distinct from each other and interrelated,and both being dialectically unified in The two are dialectically united in the"people",which is the requirement of"people-oriented"rule of law.The people's character of the CPC determines that it can serve the people to the end and is the best leadership group to promote the realization of"good law and good governance".Rights are the most direct and effective way for the people to obtain benefits,and the establishment and improvement of the legal system of rights protection is the intuitive expression of the realization of"good law and good governance".The issue of people's livelihood is the fundamental issue of whether"people-oriented"can be realized,and the improvement of socialist welfare system is the realistic requirement to solve the problem of people's livelihood and realize"good law and good governance".