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我国将“依法治国,建设社会主义法治国家”写入宪法已15年了。总结过去15年的法治建设经验,其中最为重要的一点就是:法治必须生根于基层。法治不是写在纸上的空中楼阁,而是现实生活中的利益博弈。在这个意义上,国家的法治与地方的法制是相互联系的。观察法治,眼睛固然要向上,重视国家层面的各种措施;但更要向下,观察民间与基层利益博弈中形成的各种问题、纠纷解决机制与制度。地方、基层的法规与制度是整个社会依法办事的前提。国家的法律,必须通过每个公民维护自己合法权利的行为,必须通过各种规则和制度在基层和地方的落实,才能够实现。所以,必须重视地方的法制建设及其经验。《法学》一直以探讨我国法律发展、法学发展的前沿性课题和具体经验为己任。华南理工大学广东地方法制研究中心目前也正在推进教育部重大课题攻关项目《我国地方法制建设的理论与实践》研究。在该中心的参与和支持下,本编辑部以“法治国家与地方法制的关系”为主题组织了此次笔谈,希望这一活动能够进一步推进这一领域的研究。
Our country has written into the constitution for 15 years the principle of “governing the country according to law and building a socialist country ruled by law.” Summing up the past 15 years of experience in the construction of the rule of law, the most important point is that the rule of law must be rooted in grassroots units. The rule of law is not written in the air on the paper, but the real interest in the game. In this sense, the state’s rule of law and the local legal system are interrelated. While observing the rule of law, our eyes must be oriented upwards while attaching importance to various measures at the national level. However, we must also look down on the various problems formed in the game of interests between grassroots and grassroots units, and the mechanisms and systems for dispute resolution. Local laws and regulations at the grassroots level are the preconditions for the entire society to act according to law. The laws of the country must be implemented through the implementation of various rules and systems at the grass-roots level and localities through each citizen’s behavior of safeguarding his legal rights. Therefore, we must attach importance to the local legal system and its experience. “Law” has always been to explore China’s legal development, the forefront of the development of law and specific experience as its mission. South China University of Technology, Guangdong Research Center for Local Law is also promoting the Ministry of Education major task of research project “China’s local legal system theory and practice of” research. With the participation and support of the center, the editorial department organized the writing with the theme of “the relationship between the state and the local legal system” and hoped that this activity could further promote the research in this field.