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法治是当前的焦点话题,因为法治建构本身是关系国计民生的重大事业。法治与治法虽字同却意远,两者有各自的定义。就我国当前而论,整体上体现出的是有治法而无法治的现实。在法治建构进程中,政府行为极其明显;政府力量在推进法治建构中使得法治本身风险增加。而要使得法治建构有惊无险,势必要实现由治法向法治的变通。治法,在一定条件下可成为法治实现的途径。
The rule of law is the current focus topic, because the construction of the rule of law itself is a major undertaking related to national economy and the people’s livelihood. Although the same rule of law and governing law mean far, both have their own definition. As far as the current situation in our country is concerned, the reality as a whole is that there is a governing law that can not be controlled. In the process of constructing the rule of law, the government behavior is extremely obvious; the government forces make the risk of the rule of law increase in promoting the construction of the rule of law. In order to make the construction of the rule of law unsafe, it is bound to realize the flexibility of governing by law to the rule of law. Governing law, under certain conditions, can be the way to achieve the rule of law.