现代社会转型与法治政府的变革路径

伴随着中国改革开放的进程,转型成为社会变迁的主题和基本特征。与此相应的却是,改革日益呈现出一种“锁定”的状态。在社会转型时期出现的诸多根本性问题,并不能用过渡性的办法来解决。在国家和法律的现代化进程中,特别是构建法治政府的进程中,政府不能再像过去那样,一味运用相机决策和政策调整来处理社会利益矛盾,不能再对不同群体在基本权利上区别对待。同样,在工农、城乡、区域乃至人与自然生态之间,要实现统筹协调发展的目标,更需要加强普遍性的努力,这种普遍性努力以法治和体现法治精神的整体性政策为特征。

Transformation of Modern Society and Reform Path of Goverment under the Rule of Law

With the process of reform basic characteristics of social changes and opening up of China, the Corresponding with this, the transformation has become the theme and the reform is increasingly showing a ＂locked＂ state. Many fundamental problems that occured in the period of social transformation can not use transitional ways to solve. In the process of modernization of the state and law, especially in the process of building the government under the rule of law ,the government can not blindly use policy adjustments to deal with social interests contra- dictions, can not treat differently in the basic rights on different groups. Similarly, between the workers and peas- ants, urban and rural, regional and even between human and natural ecology,we also need to strengthen the uni- versality of the effort so as to realize the goal of overall coordination development, this universality effort is charac- terized by the rule of law and the integrity policy which reflect the spirit of law.