论社会隐秩序与显秩序--兼论德治与法治的关系

社会显秩序是指用权力与法规命令推行的秩序,隐秩序是指由自发的适应性交往构成的秩序,它使人们理性决断成为可能。正像在资源配置上,单纯的计划经济企图用显秩序取代隐秩序招致失败一样,在对人们的社会行为的控制上,单纯依靠显秩序也必将导致“有法不依、有令不行、有禁不止”等政府失灵现象。应当通过法制来加强德治,改造社会隐秩序以创造依法治国的道德环境,建设起社会主义制度的新秩序。

On the Covert Order and Overt Order of Society

The overt order of society is an order that is maintained with power and with laws and regulations, while the covert order results from the voluntary adaptive contacts among people and it makes rational decision possible. Just as pure planned economy endeavors failed in resources distribution when attempting to replace the over order with covert order, in the control of human social behavior the over order alone will bring in cases of government malfunction, such as "not abiding by a law", "not abiding by an order" and "not abiding by a ban". It is necessary to strengthen the practice of rule by morality with the help of law and renovate the social covert order to create a moral environment of government by law and establish a new order of the socialist system.