论“寓法于治”与内生型法治

发布时间：2018-05-21 13:02

本文选题：基层治理 + 寓法于治　；参考：《新疆师范大学学报(哲学社会科学版)》2017年02期

【摘要】：法治中国包括法治国家、法治政府和法治社会三位一体,其中法治社会是基础。只有将法律制度寓于基层社会治理过程之中,将法律制度条文转化为人们日常生活的实践行为和生活方式,法治社会才有牢固的根基。长期以来,由于农业社会及其行政社会基础,中国基层治理缺乏法治的元素,其治理方式主要依靠"礼治"和"力治"。尽管由外向内引进了法治观念,从上到下开展了"普法活动",但法治难以落地。文本通过对湖北恩施州的"律师进村、法律便民"实践的调查,发现法治不仅是国家建设的目标,并已成为基层治理内部的需要,且通过一系列机制将法治寓于基层治理过程之中,开辟出一条内生型法治道路。
[Abstract]:China under the rule of law includes a country ruled by law, a government ruled by law and a society ruled by law, in which the society by law is the foundation. Only by putting the legal system in the process of social governance at the grass-roots level and transforming the provisions of the legal system into the practical behavior and lifestyle of people's daily life can the society ruled by law have a solid foundation. For a long time, because of the agricultural society and its administrative society foundation, the basic level governance of China lacks the elements of rule by law, and its governance way mainly depends on "rule by etiquette" and "rule by force". Although the concept of rule of law is introduced from the outside to the inside and the activities of popularizing law are carried out from top to bottom, the rule of law is difficult to fall into the ground. Through the investigation of the practice of "lawyers coming into the village and making law convenient to the people" in Enshi Prefecture, Hubei Province, the text finds that the rule of law is not only the goal of national construction, but also the internal need of grass-roots governance. And through a series of mechanisms to rule by law in the process of grass-roots governance, opened up an endogenous road to rule by law.
【作者单位】：华中师范大学中国农村研究院;
【基金】：华中师范大学中央高校基本科研业务费专项资金科研项目(CCNU15A06063)的阶段性成果
【分类号】：D920.0

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