中国式回应—规划型法治推进路径——法治政府建设的延伸个案考察

The “Response-Planning” Rule of Law in the Chinese Context:An Extended Case Study of Building a Law-Based Government

四十余年来,回应国家的持续性改革是法治政府建设的核心发生逻辑。法治政府建设是围绕着建立和维护市场经济、顺应行政管理体制改革需求以及因应经济和行政体制改革过程中伴生的社会变革需求而生发出来的。中国共产党以法治方式强化执政能力是法治政府建设的核心推动力。推进过程中形成了系统性的“党的领导—顶层设计—试验—规划—分级实施—示范—回应与制度完善”建设机制,构成完整的推进链,发挥了明确方向、制度试验、形成制度及修正制度的功能。围绕着国家能力提升来推进法治政府建设是中国法治建设的重要经验,进一步通过法治政府建设增强国家能力是未来应当坚持的方向。法治政府建设的实践充分体现出中国式法治建设推进路径的独特性,即在中国共产党领导下的“回应—规划型”法治,是演进与计划相结合的法治推进模式,因立足中国自身而成为内生性、自主性法治建设的典范。

Over the past four decades,building a law-based government has been the core logic of the response to China's continuous reform.The development of a law-based government is centered on establishing and upholding a market economy,serving the needs of administrative system reform,and responding requirements associated with the social changes happened in the reform of economy and administrative system.The method of rule of law is used by the Communist Party of China(CPC) to intensify its leadership competence,which is the core driving force of the development of a law-based government,leading to a systematic mechanism of construction expressed as “leadership of the CPC/top-level design/policy experiment/the five-year plan/local-level implementation/demonstration/response and improving the system”.This mechanism has constituted an integrated propulsive chain,and consists of functions of clearing the direction,testing the system,forming and revising the system.Building the law-based government by improving state capacity is an important experience of China's promotion of the rule of law.This is also a direction that should be insisted in the future to enhance state capacity by further building a law-based government.The practice of building a law-based government reflects China's unique path to the rule of law,namely the “response-planning” rule of law under the leadership of the CPC,which combines progress and planning.It has become a paradigm of endogenous and autonomous rule of law based on China itself.