面向韧性治理的法治形态

On the Form of the Rule of Law Oriented to Resilience Governance

韧性治理是应对风险整体化、复合化与非传统化的全新理念与实践范式,关系到国家风险治理体系与能力的创新发展。韧性治理的本质特性是适应风险,其将现实化为风险治理的长期性、全面性以及复杂性,并对法治发展造成一定挑战。面向韧性治理的法治应当作出调整,形成适配形态。法治应当围绕权责结构这一关键节点,促成治理机制的融合,保证依法治理与有效治理的统一,推进规则体系的融合开放、组织机制的互嵌互补、治理程序的公正高效与治理工具的多元灵活。立足韧性治理转型背景,实现法治形态的适配,还可以从法律体系理念融贯性、法权调整机制以及治理主体制度联结等进路展开。

Resilience governance is a new concept and practice paradigm to deal with the holistic,comprehensive and nontraditional risks,and contains important issues for the innovation and development of national risk governance systems and capabilities.The essential feature of resilient governance is risk adaptation,which will be realized as the long-term,comprehensive and complex nature of risk governance,and pose certain challenges to the development of the rule of law.The rule of law system oriented to resilient governance should be adjusted to be an adaptive form,focus on the key node of the structure of power and responsibility,promote the integration of governance mechanisms,and integrate law-based governance and effective governance,and form integrated and open rule system,mutually embedded and complementary organizational mechanisms,fair and efficient governance procedures,and diverse and flexible governance tools.Based on the background of resilience governance transformation,the adaptation of the rule of law can also be achieved by the aspects of the coherence of legal system concept,the adjustment mechanism of legal right and the connection of multi-subject system.