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近代以来,西方经历了两次社会治理转型,第一次从宗教治理秩序转向法权治理秩序,最终形成了一个理性化的官僚体系;第二次从单一权威治理主体转向多元治理主体。在这两次转型过程中,法治都发挥了至关重要的作用。以法治的视角审视中国社会治理,可以发现当前其主要困境是前现代问题与现代性问题交织。要破解这一困局,还需回到法治上来。党的十八届四中全会提出全面推进依法治国,为中国社会治理现代化提供了契机。
Since the modern times, the West has undergone two transitions in social governance. For the first time, it has shifted from the order of religious governance to the order of legal rights governance, eventually forming a rational bureaucratic system. The second shift from a single authoritative governance entity to a pluralistic governance entity. In these two transformations, the rule of law has played a crucial role. Examining China’s social governance from the perspective of the rule of law shows that its main dilemma is the interweaving of pre-modern issues and modernity issues. To crack this dilemma, we still need to return to the rule of law. The Fourth Plenary Session of the 18th CPC Central Committee proposed to comprehensively promote the administration of the country according to law and provide an opportunity for the modernization of social governance in China.