论文部分内容阅读
我国法学研究长期以来倾向于总体性的思维方式,导致习惯于自上而下的视角观察研究法律问题,体现了一种本质主义的立场。作为方法论的地方法制,则强调在处理统一与分散、权力与权利、中央与地方、中心与边缘、法治与法制、自上而下与自下而上6组概念的关系中,给予分散、权利、地方、边缘、法制、自下而上等更为积极的关注,从中挖掘法治发展的细节因素。基于这一方法,可以观察到中国40年的法治发展,一直植根于中国的改革开放进程,逐步形成了公权与私权、中央与地方、国家与社会之间分工、合作及博弈关系基础上的规则意识、权利意识与责任意识。这是中国法治发展最显著的成就与最坚实的基础。尽管中央的积极推动对中国法治发展具有关键性作用,但是,决定性的成果几乎都来自于社会成员、社会组织以及相互竞争的地方国家机关的创造性实践。基于此,中国法治发展的未来,或许同样取决于如何保持和发挥地方层面法治实践的积极性。
The study of law in our country has long tended to be a holistic way of thinking, leading to the habit of observing and studying legal issues from the top-down perspective and embodying an essentialist standpoint. As the legal system of the methodology, it emphasizes decentralization and right in the relations between the six groups of top-down and bottom-up concepts, such as unity and fragmentation, power and rights, central and local government, center and periphery, rule of law and the rule of law , The localities, the margins, the rule of law, and bottom-up activities. They also drew attention to the details of the development of the rule of law. Based on this approach, we can observe that 40 years of development of the rule of law in China has been rooted in the process of China’s reform and opening up and gradually formed the basis for the division of labor, cooperation and game between the central government and local governments. On the rules of awareness, awareness of rights and responsibility. This is the most remarkable achievement and the most solid foundation for the development of the rule of law in China. Although the active promotion by the Central Government plays a key role in the development of the rule of law in China, the decisive achievements are almost always derived from the creative practice of social members, social organizations and state organs competing with each other. Based on this, the future of the development of the rule of law in China may also depend on how to maintain and give play to the enthusiasm of the rule of law at the local level.