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市场经济大潮催生了相对独立于国家的“社会”的产生,也催生了民众的权利共识。这种共识与国家具体法律发生冲突时,引发民众法治融贯性要求和网络参与。文章以房屋拆迁自焚案和孙志刚案为例,凸显法治不融贯之现状,探讨不融贯之原因是国家建设——社会建设不平衡,提出以“法治国家、法治政府、法治社会一体建设”思想为指导,以国家主导——社会参与之融贯为基本路径推动融贯建设。
The tide of market economy has given rise to a relatively “social” independence from the state, and has also given rise to a consensus on the rights of the people. When such consensus conflicts with the specific laws of the country, they trigger the people’s rule of law consistency and network participation. Taking the case of self-immolation of houses demolition and Sun Zhigang case as an example, this article highlights the current situation that the rule of law does not coherence and probes into the reasons for its inconsistency because of the imbalance between state-building and social construction. The article puts forward the principle of “rule of law, government under the rule of law, ”Mentality as the guidance, take the state as the guide - the participation of the community as the basic path to promote coherence construction.