维权与维稳之争的问题转型——国家治理体系变革对两者的调和与统一

十八届三中全会公报将"完善和发展中国特色社会主义制度,推进国家治理体系和治理能力现代化"确立为改革的总目标,标志着党的治国理政理念与方式正在发生重大变化。这一重大转变对于"维权与维稳之争"产生了极为深刻的影响,"维权与维稳之争"将不再是民间呼吁与官方政策之争,而将在国家治理体系现代化变革背景下在制度框架内进行对话。这种制度内的对话与制度框架外的理论之争有着本质的不同:制度框架外的"维权与维稳之争"关注的是学理上的探讨,包括两者的内在联系与对话的可能;而制度框架内的"维权与维稳之争"则关注在实际中两者如何展开对话,包括对话机制的建立与纠纷解决机制的完善。

Transition of the Argument over Maintenance of Rights and that of Stability --The Reconciliation and Unity Brought by Transformation of the National Governance System in China

In the Communique of the Third Plenary Session of the CPC 18th Congress it is established as the overall goal of re form to improve and develop the socialist system with Chinese characteristics and promote the modernization of national govern ance system and capability. That marks great changes of the Party in its governing ideas and methods, and has exerted profound influence on the argument about the maintenance of rights and that of stability. There will no longer be a debate between civil ap peal and official policy on the issue, but a dialogue carried on in the institutional framework under the background of national governance system reform. Essential difference exists between theoretical dispute outside the institutional framework and dialogue inside over the issue. The former concerns discussions in theory, including their intrinsic relationship and the possibility of their dialogue, while the latter cares how to carry on dialogue in reality, including the establishment of dialogue mechanism and the improvement of dispute settlement mechanism.