为了以尽可能小的成本与代价获得社会平稳转型,以史为鉴,政治权威主导下的自上而下的主动改革路径应当是较为理想的选择。依法治国不能简单地以某些民主法治标准衡量中国社会转型期已经主动改革的某些现象,而应当以民主法治为方向,准确理解历史惯性下当今中国推动改革的规则。本着民主与法治的关系,在体制改革需要借助政治权威的变迁过程中,在一定阶段只能寻求技术层面的法治革新。我国应当以此思路看待社会转型期的法治回应,包括立法、执法和司法等领域改革,以及相应的法治政府绩效考核等。法治化路径选择应当服从于全面深化改革的路径选择。 In order to obtain a smooth social transition with the least possible cost and expense, the lesson from history is that the path of proactive reform guided by the political authorities should be the ideal choice. Ruling the country by law can not simply measure some of the phenomena that have been proactively reformed during the social transformation of China with some criteria of democratic rule of law. Instead, we should take the rule of democratization and the rule of law as the direction and accurately understand the current rules of China’s promotion of reforms under the historical inertia. In the relationship between democracy and the rule of law, in the course of institutional changes that require the help of political authority, we can only seek technological innovation at the technical level at a certain stage. Our country should take this train of thought to treat the rule of law response in the social transitional period, including the legislative, law enforcement and judicial reforms, as well as the corresponding performance evaluation of the government under the rule of law. The choice of the path of legalization should be subordinated to the choice of the path of deepening the reform in an all-round way.