改革与修法的意义阐释

发布时间：2018-08-26 18:42

【摘要】：改革与法治是当下中国的两大主题。然而,改革与法治是两种在思维倾向上存在冲突的治理措施。因而在有关国家与社会治理的顶层设计中,必须协调好改革与法治的关系,尽量避免制造两者之间的尖锐对立,找到两者的兼容点,以便充分发挥两者促进国家秩序和社会发展的积极功能。如果不能协调好改革与法治之间的关系,两者之间的对立可能会使其积极功能相互抵消,从而给社会带来更大的混乱。改革与法治共进的方式主要是修法,能够兼容法治与改革的法治方式就是修法。但对于修法不能仅仅从立法的角度考察,如果那样的话,推进改革的法治方式就显得过于单一。这就需要对改革与修法的意义重新审视。从法治的角度看,改革主要是修法,但在法治话语系统中,需要我们慎言改革;在法治场景下,改革的言辞应该用修法替代。这是强化法治话语权所必须的思维转向。
[Abstract]:Reform and the rule of law are the two major themes in China. However, reform and rule by law are two kinds of governance measures which conflict in thinking tendency. Therefore, in the top-level design of state and social governance, we must coordinate the relationship between reform and the rule of law, try our best to avoid creating a sharp confrontation between the two, and find a compatible point between the two. In order to give full play to the two to promote national order and social development of the positive function. If the relationship between reform and the rule of law is not well coordinated, the opposition between the two may cancel out the positive functions of the two and bring more chaos to the society. The main way of reform and rule of law is to amend the law, and the law that can be compatible with the rule of law and reform is the revision of law. However, the law amendment can not only be viewed from the angle of legislation. In that case, the way of promoting the reform of the rule of law appears to be too single. This needs to re-examine the significance of the reform and revision of the law. From the point of view of the rule of law, the reform is mainly a revision of the law, but in the discourse system of the rule of law, we need to carefully talk about the reform, in the context of the rule of law, the words of the reform should be replaced by the revision. This is the necessary to strengthen the rule of law right of thinking turn.
【作者单位】：华东政法大学法律学院;
【基金】：国家“2011计划”司法文明协同创新中心重大研究项目“《司法文明大百科全书》(司法方法卷)”阶段性成果
【分类号】：D61;D920.0

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