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“先发”地区的先行法治化是指中国东部地区在其经济与社会“先发”的基础上,在国家法制统一的原则下,率先推进区域法治化。经济发展水平越高,对纠纷解决机制的要求也就越高,这是东部地区法治先行最为基本的动力。先行法治化虽然发生在局部地区,但具有全局意义,其实质性的推进需要各方共同努力。“区域法律生态学”是针对中国法治转型的特殊性而在理论上提出的一个初步的线索和指引,期待能以此为方向,进而形成更为丰富、具体的指导理论。浙江省的发展实践已经证明,“先发”地区先行法治化具有一定的基础,在现行体制下完全可行,其完全可能成为中国向法治转型的基本模式。
“Pre-emption ” The first rule of law refers to the eastern part of China’s economy and society on the basis of its “starting”, under the principle of unified national legal system, take the lead in promoting regional legalization. The higher the level of economic development, the higher the demand for dispute resolution mechanisms. This is the most basic impetus for the rule of law in the eastern region to take the lead. Although the first rule of law took place in some areas, it has global significance. The substantive advance requires the joint efforts of all parties. “Regional Legal Ecology ” is a preliminary clues and guidelines theoretically proposed for the particularity of the transformation of the rule of law in China. It is hoped that this will lead to a richer and more concrete guiding theory. The practice of development in Zhejiang Province has proved that there is a certain foundation for the “rule of law” to be governed by the rule of law in the precedent and is entirely feasible under the existing system. It may well have become the basic model for China’s transition to the rule of law.