关于“善治”的三个追问

发布时间：2018-05-29 17:25

本文选题：法治 + 善治　；参考：《法制与社会发展》2017年01期

【摘要】：善治与法治的关系问题不仅是当下学界研讨的重点,而且是攸关十八届四中全会所提出的全面推进依法治国的重要理论问题。在"法治中国"的语境下,善治不只被认为是一种治理样态,更被学者定义为一种治理方式。对善治的学术争鸣使学界聚焦于两者关系的一系列重要理论命题,研究的重心和追问的焦点在于:善治优于法治吗?法治优于善治吗?德治是善治的渊源吗?回应这些问题,一方面,试图重构善治与法治的关系,另一方面,意在回应学者对于当下国人脆弱法治观念的担忧,并进行再加固。坚持"法治优位",将善治之价值内嵌于"法治中国",是符合中国国情,具有中国特色的正确抉择。在现代社会,法治才是最大的善治。
[Abstract]:The relationship between good governance and the rule of law is not only the focus of current academic research, but also an important theoretical issue of comprehensively promoting the rule of law put forward by the fourth Plenary session of the 18th CPC Central Committee. In the context of "China ruled by Law", good governance is not only regarded as a form of governance, but also defined by scholars as a mode of governance. The academic controversy over good governance makes the academic circles focus on a series of important theoretical propositions of the relationship between the two. The focus of the research and the focus of inquiry is: is good governance superior to the rule of law? Is the rule of law superior to good governance? Is virtue the origin of good governance? In response to these questions, on the one hand, it attempts to reconstruct the relationship between good governance and the rule of law, on the other hand, it is intended to respond to the concerns of scholars about the fragile concept of the rule of law in China and to reinforce it. It is a correct choice with Chinese characteristics to insist on "rule by law superior position" and to embed the value of good governance in "ruling by law China". In modern society, the rule of law is the greatest good governance.
【作者单位】：武汉大学;武汉大学法学院;
【分类号】：D920.0

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