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中国的经济市场化是在法治缺失的情况下实现的。以农村为突破口的改革为关系型治理发挥作用创造了条件,从而促进了市场经济的发育,而社会关系的开发利用和逐渐推进的对外开放则扩大了关系型治理的空间,促进了市场经济的成长。在转型深化与完善阶段,关系型治理发挥作用的环境发生了较大的变化,这种治理机制也不足以支持中国经济的长期繁荣和发展。在此情况下,治理机制的优化应当采取经由私人外部治理发展正式法律体系的路径,最终形成法治、私人外部治理、关系型治理三种机制协调共生的治理结构。
The marketization of China’s economy is realized under the absence of the rule of law. The reform of rural areas as a breakthrough has created conditions for the role of relational governance and thus promoted the development of a market economy. However, the development and utilization of social relations and the gradual opening up have opened up the space for relational governance and promoted the development of market economy growing up. In the deepening and improvement transition period, the environment in which relational governance plays a major role has undergone great changes. Such a governance mechanism is not enough to support the long-term prosperity and development of the Chinese economy. Under such circumstances, the optimization of the governance mechanism should take the path of developing a formal legal system through private external governance and finally form a governance structure in which the three mechanisms of the rule of law, private external governance and relational governance coordinate and co-exist.