中國式回應──規劃型法治推進路徑——法治政府建設的延伸個案考察

The ''Response-Planning'' Rule of Law in the Chinese Context: An Extended Case Study of Building a Law-Based Government

四十餘年來，回應國家的持續性改革是法治政府建設的核心發生邏輯。法治政府建設是圍繞著建立和維護市場經濟、順應行政管理體制改革需求以及因應經濟和行政體制改革過程中伴生的社會變革需求而生發出來的。中國共產黨以法治方式強化執政能力是法治政府建設的核心推動力。推進過程中形成了系統性的“黨的領導－頂層設計－試驗－規劃－分級實施－示範－回應與制度完善”建設機制，構成完整的推進鏈，發揮了明確方向、制度試驗、形成制度及修正制度的功能。圍繞著國家能力提升來推進法治政府建設是中國法治建設的重要經驗，進一步通過法治政府建設增強國家能力是未來應當堅持的方向。法治政府建設的實踐充分體現出中國式法治建設推進路徑的獨特性，即在中國共產黨領導下的“回應－規劃型”法治，是演進與計劃相結合的法治推進模式，因立足中國自身而成為內生性、自主性法治建設的典範。

Over the past four decades , building a law－based government has been the core logic of the response to China's continuous reform. The development of a law－based government is centered on establishing and upholding a market economy, serving the needs of administrative system reform, and responding requirements associated with the social changes happened in the reform of economy and administrative system. The method of rule of law is used by the Communist Party of China (CPC) to intensify its leadership competence, which is the core driving force of the development of a Law－based government, leading to a systematic mechanism of construction expressed as ''leadership of the CPC/top－level design/policy experiment/the five－year plan/local－level implementation/demonstration/ response and improving the system''. This mechanism has constituted an integrated propulsive chain, and consists of functions of clearing the direction, testing the system, forming and revising the system. Building the law－based government by improving state capacity is an important experience of China's promotion of the rule of law. This is also a direction that should be insisted in the future to enhance state capacity by further building a law－based government. The practice of building a law－based government reflects China's unique path to the rule of law, namely the ''response－planning'' rule of law under the leadership of the CPC, which combines progress and planning. It has become a paradigm of endogenous and autonomous rule of law based on China itself.