法律是治国之重器,良法是善治之前提。然而,部门利益和地方保护主义的法律化却直接影响着良法之形成,并有碍善治之推行。为此,党的十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》突出强调,要“明确立法权力边界,从体制机制和工作程序上有效防止部门利益和地方保护主义法律化”。部门利益和地方保护主义法律化问题在我国由来已久,但在党中央的重要文件中如此予以强调,则尚属首次。鉴于此,本文拟在分析其表现形态和形成原因的基础上,探究部门利益和地方保护 Law is the weight of governing the country, and good law is the prerequisite for good governance. However, the legalization of departmental interests and local protectionism has a direct impact on the formation of good law and hinders the implementation of good governance. To this end, the “Decision of the CPC Central Committee and the Central Committee of the Communist Party of China on Some Important Issues in Ruling the Country by Law” promulgated by the Fourth Plenary Session of the 18th CPC Central Committee has promulgated the principle of “clarifying the boundary of legislative power, effectively preventing the interests of the government from institutional mechanisms and work procedures, and Local protectionism legalization. ” The issue of the legalization of departmental interests and local protectionism has existed for a long time in our country but for the first time so emphasized in the important documents of the Party Central Committee. In view of this, this article intends to explore the department’s interests and local protection on the basis of analyzing its manifestations and causes