论社会治理中的法治与德治

On the Rule by Law or by Virtue in the System of Social Governance

社会治理模式应当是德治的还是法治的,不取决于人的主观愿望,而是历史发展的结果。从早期人类社会的思想遗产来看,德治和法治的思想都被提了出来,但是,在近代社会,人类选择了法治的社会治理模式,主要原因在于这一社会发展处在一个必须依赖法律来建立社会秩序的阶段。人类社会向更高阶段的过渡,也就是一个从法治走向德治的过程。社会主义的市场经济提出了法治的要求,但是,社会主义社会并不能够满足于法治,它需要在德治的社会治理模式建构中包含着法治的内容。

Whether the social governance mode is rule by law or by virtue is not decided by people's subjective desires but the results of historical development. The ideology heritage of early human society indicates that both of the ideas of the rule by law or by virtue were proposed in that period. However, in modern society, human being selected the social governance mode of rule by law mainly because social development in this period can only establish its social order on the basis of laws. The development for the human society to a higher stage is also the process from rule by law to rule by virtue. The socialistic market economy requires rule by law. However, socialistic society should not completely depend on rule by law; on the contrary, it should cover rule by law in the social governance mode of rule by virtue.