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社会转型过程中日益的突出民生问题需要通过法治手段予以解决。民生法治既是对民本主义和法本质功能的承继与回归,亦是一种社会管理创新。民生法治的保障对象是全体社会成员,而不仅仅是社会生活中的弱者。国家是民生保障的唯一义务主体,公民个人不应成为民生保障的直接义务主体。当前,应使民生保障逐渐褪去政治色彩,走入法治话语体系。立法作为民生法治的第一环节应通过确立人本主义的立法观、建构立法的公众参与程序以及完善法律文本的规范结构以回应民生问题。
The increasingly prominent problems of people’s livelihood in the process of social transformation need to be solved through the rule of law. The people’s livelihood and the rule of law are not only the inheritance and return of the essential functions of the capitalism and the law, but also a kind of social management innovation. The object of livelihood and rule of law is the protection of all members of the community, not just the weak in social life. The state is the sole obligator of people’s livelihood guarantee, and the individual citizen should not become the direct obligor of people’s livelihood guarantee. At present, people’s livelihood security should gradually be faded away from the political context and into the discourse of the rule of law. Legislation, as the first step of people’s livelihood and the rule of law, should respond to people’s livelihood through the establishment of a humanistic legislative concept, establishing a public participation process of legislation and improving the normative structure of legal texts.