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国际竞争在一定意义上可归结为发展模式的竞争。各个国家和地区在国际竞争中所处的优劣地位,在很大程度上取决于其选择的发展模式。中国作为一个发展中大国,为实现现代化,缩短与发达国家的差距,一直在试图选择一种既可追赶又可持续的发展模式,其中不乏经验和教训。党的十六届三中全会提出的科学发展观,就是在总结世界各国选择发展模式的经验教训的基础上,依据本国国情所作出的对发展模式的选择。它强调,我国的发展模式应当以人为本,坚持全面、协调、可持续的发展观,促进经济社会和人的全面发展,现阶段以“五个统筹”为根本要求。温家宝总理指出:“科学发展观的内涵极为丰富,涉及经济、政治、文化、社会各个领域,既有生产力和经济基础问题,又有生产关系和上层建筑问题;既管当前,又管长远;既是重大的理论问题,又是重大的实践问题。”法律作为发展模式的一个组成部分,应当从属和服务于发展模式的选择。科学发展观及其选择的发展模式,为法制建设和法学研究提出了新的课题,为处在社会转型期的中国法学的转型和发展提供了新的契机。为此,本刊约请六位中青年学者,就法学部分学科的发展路径进行研讨,以期引起法学界的重视和关注。
In a certain sense, international competition can be attributed to the development mode of competition. The advantages and disadvantages of various countries and regions in international competition depend to a large extent on the development model of their choice. As a large developing country, China has been trying to choose a development mode that can catch up and sustain its development in order to realize the modernization and shorten the gap with developed countries. Among them, there are many experiences and lessons learned. The Scientific Outlook on Development put forward by the Third Plenary Session of the 16th CPC Central Committee is based on the experiences and lessons learned from the choices and development modes of various countries in the world and on the basis of its national conditions and choices made in its development mode. It emphasized that our development model should be people-oriented, adhere to a comprehensive, coordinated and sustainable development concept, and promote economic, social and people-to-people all-round development. At this stage, we should take “five overall plans” as the fundamental requirement. Premier Wen Jiabao pointed out: “The Scientific Outlook on Development is extremely rich in content and covers all fields of economy, politics, culture and society. It has both productive forces and economic fundamentals, as well as relations of production and superstructure; it is both current and long-term; Significant theoretical issues are also major practical issues. ”As an integral part of the development model, law should be subordinated and serve the choice of the mode of development. The scientific concept of development and the mode of development of its choice have put forward new topics for the legal system construction and legal research and have provided a new opportunity for the transformation and development of Chinese law in the period of social transition. To this end, the magazine invited six young scholars to discuss the development path of some disciplines of law, with a view to arousing the attention and attention of the legal profession.