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地方良性治理是国家治理现代化的基础,是实现地方发展的重要方式。法治作为地方秩序的维护机制,可确保政府社会行为尺度,且地方立法权扩容是法治中国构建的地方命题,可将地方事务与法治要求承接,有助于实现本土治理的规范化。当地方治理任务诉诸于制度构建,来求得权力行使的正当性时,它意味着必须让公共认可的规则与程序来引导行为规范。当前治国理政背景下的法治建设,从“建构主义”理论上为依法调控经济社会运行开拓出极为重要的路径。通过权力配置与权力限制,结合“凡属重大改革都要于法有据”的法治愿景,对于深度挖掘权力配置的合理内涵和中国法治建构将大有裨益。
Local benign governance is the basis of the country’s governance modernization and an important way to achieve local development. As a maintenance mechanism of local order, the rule of law can ensure the scale of social behavior of the government, and the expansion of local legislative power is a local proposition constructed by the rule of law in China. It can undertake the local affairs and the rule of law and help to standardize the local governance. When local governance mandates resort to institutional building to justify the exercise of power, it implies that rules and procedures that are generally accepted must be used to guide behavior. At present, the construction of the rule of law under the background of administering a country is from the perspective of “Constructivism ”, which opens up an extremely important path for regulating economic and social operations in accordance with the law. Through the allocation of power and the restriction of power, combined with the vision of “rule of law where all major reforms should be based on law”, it is of great benefit to dig out the reasonable connotation of the allocation of power and construct the rule of law in China.