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和谐社会是构成社会的各个部分、各种利益处于一种相互协调的状态。其本质要求是公平正义,实现社会利益均衡。但是目前我国存在教育、住房、医疗、贫富方面社会利益的严重失衡的现象,背离了社会主义和谐社会的本质要求。其原因是社会阶层结构的两极分化与“利益均衡”法律调控机制的欠缺,唯市场论的影响与体现公平原则的法律机制缺乏,民主政治运行机制的不畅与制约权力的法律机制的弱化。而法治是构建和谐社会的根本保障,是实现利益均衡的平衡器。法治所维护的正义是实现利益均衡的目的,法治所追求的效益是利益均衡实现的条件。
A harmonious society constitutes all parts of society and all kinds of interests are in a state of mutual coordination. Its essential requirement is fairness and justice and a balance of social interests. However, at present there is a serious imbalance of social interests in education, housing, medical treatment and the rich and poor in our country, which deviates from the essential requirement of a harmonious socialist society. The reason is the polarization of social stratum structure and the lack of legal regulation and control mechanism of “interest equalization ”. Only the influence of the market theory and the lack of legal mechanism to reflect the principle of fairness, the imperfect mechanism of democratic politics and the legal mechanism to restrain power Weakening. The rule of law is the fundamental guarantee for building a harmonious society and a balancer for achieving a balanced interest. The justice maintained by the rule of law is to achieve a balanced interest. The benefits pursued by the rule of law are the conditions for achieving a balanced interest.