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我国政府业已为城镇化进程设定了自然发展的目标。以法学视角观察西方中世纪以来的城镇化,其体现的是权利与权力间相互制约共同推进的发展历程,“权利与权力的平衡”便是推进城镇化自然演进的元代码。中国的城镇化是政府主导推进下的城镇化,传统法文化中孕育的强大政府权力使得权利无力与之进行对话,即便是以控权为指向的程序一定程度上也成了为权力目的服务的工具。为使程序发挥应有的功能,需要通过对程序交涉机制进行完善,在权利与权力间建立起平等对话的机制,以实现权利与权力间的平衡,唯此才能推进城镇化的自然发展。
Our government has already set the goal of natural development for the process of urbanization. To observe the urbanization since the Middle Ages of the West from the perspective of jurisprudence reflects the course of development that the mutual restraint of rights and power push forward jointly. The balance between power and power is the meta-code that promotes the natural evolution of urbanization. China’s urbanization is the result of urbanization driven by the government. The powerful government power created by the traditional legal culture has made it impossible for the right to dialogue with it. Even the procedure directed by the power of control, to some extent, has also served the purpose of power tool. In order for the program to fulfill its due functions, it is necessary to improve the mechanism of procedural negotiations and establish a mechanism of equal dialogue between power and power in order to achieve a balance between power and rights. Only in this way can we promote the natural development of urbanization.