法治型式的協同演進──中國法治發展道路的一個分析框架

黨的十八大以來，全面依法治國縱深推進，中國特色社會主義法治道路越走越寬廣。運用“理想類型”方法，可從法治實踐中提煉出控權型、治理型與發展型三種法治型式，分別對應法治在權力制約、社會治理、發展促進三個維度上的核心功能。在此基礎上，以習近平法治思想為指導，借鑒跨學科的協同演進理論，構建“法治型式的協同演進”分析框架，能系統闡釋三種法治型式之間的辯證關係與發展邏輯。根據該框架，中國法治建設以發展型法治為引領，同時有效整合控權型與治理型法治，通過相互耦合、相互依賴和相互塑造的作用機制，創新性化解了後發國家在法治現代化進程中面臨的發展與秩序、效率與公平、創新與穩定等多重張力。中國法治發展道路的成功實踐是多種法治型式協同演進的結果，既體現了對法治發展規律的深刻把握，也彰顯了習近平法治思想的獨特價值。

Since the 18th National Congress of the Communist Party of China, the comprehensive advancement of law-based governance has been pushed forward in depth, and the path of socialist rule of law with Chinese characteristics has become increasingly broader. By employing the method of“ideal types,”three forms of the rule of law—namely the power-restraining type, the governance-oriented type, and the development-oriented type—can be distilled from the practice of the rule of law; these respectively correspond to the core functions of the rule of law along three dimensions: the constraint of power, social governance, and the promotion of development. On this basis, guided by Xi Jinping Thought on the Rule of Law and drawing upon interdisciplinary theories of coordinated evolution, an analytical framework of the coordinated evolution of forms of the rule of law is constructed, so as to systematically elucidate the dialectical relationships and developmental logic among the three forms of the rule of law. According to this framework, China’s rule-of-law development is led by the development-oriented form of the rule of law, while effectively integrating the power-restraining and governance-oriented forms of the rule of law; through mechanisms of mutual coupling, mutual dependence, and mutual shaping, it has innovatively resolved the multiple tensions faced by late-developing countries in the process of rule-of-law modernization, including those between development and order, efficiency and fairness, and innovation and stability. The successful practice of China’s path of rule-of-law development is the result of the coordinated evolution of multiple forms of the rule of law; it not only reflects a profound grasp of the laws governing the development of the rule of law, but also demonstrates the distinctive value of Xi Jinping Thought on the Rule of Law.