On The Rule Of Law Of State Governance

After the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China,the modernization of state governance has become a hot issue in theoretical circles.On the basis of studying the western theory of "governance and good governance",the "governance and good governance" theory puts forward that "governance" is a new cooperative relationship between the state and society.Its main purpose is "multi-governance".The theory of "nation-building" pays more attention to the role of "state" in national governance.It regards the construction of "strong" state as its focus.It believes that the consequences of "weak state" and "failed state" are catastrophic.In fact,the paradigm of "nation-building" pays more attention to the national governance of developing countries.The theory of "system and system execution ability" explains the modernization of state governance from the perspective of system and system execution ability,and holds that "system modernization" is the basis of the modernization of state governance.All three theories have strong explanatory power for the modernization of national governance.On this basis,we can also find that the modernization of national governance is actually a practical rationality.A country must proceed from its own reality and achieve its own governance goals through effective models.In this process,it embodies not only the universality of the law of modernization of national governance,but also the particularity of each country.It embodies not only the "purpose-oriented characteristics" of national governance,but also the "law-oriented characteristics" of national governance.The goal of modernization of state governance can be explained from the logic of modern state.From this point of view,modernization of state governance itself is an extension of the logic of modern state.The modern state takes "individual person" as its starting point.The state is an institutional arrangement for safeguarding and guaranteeing the rights of "individual person".Its core objective is to safeguard the rights of citizens.Its core task is to ensure the goodness of public power and to make public power serve the rights of citizens.This logic presents different characteristics at different stages of the development of modern countries.At the early stage of the establishment of a modern state,the main problems are how to achieve national independence,how to build a strong state,how the state can undertake the public affairs it should undertake.At this stage,the rule of law mainly determines the state system through the constitution.After the stabilization of the national system,the first problem is how to develop the economy,improve the living conditions of the people,and then enhance the legitimacy of the country.Throughout the world,this problem is solved through market economy,which is the most efficient way to allocate resources.The rule of law provides a set of systems in this process,correctly handle the relationship between government and market,and ensure the realization of market mechanism.When a country's market economy develops to a certain extent,its drawbacks gradually emerge.The "gap between rich and poor" and "polarization" caused by market mechanism make countries suffer from social unrest.At this time,successful modern countries begin to realize the importance of social construction to remedy and eliminate the problems caused by economic polarization.In the process,the rule of law divides the boundary between the state and society,and provides an effective system supply for social construction.From the development logic of modern countries,the modernization of state governance is actually the legalization of state governance.In other words,the legalization is the only way for the modernization of state governance.This logic of development has been confirmed in the countries that have made achievements in governance in China and the West.In the West,the successful governing countries represented by the United Kingdom and the United States have experienced the development process from the establishment of a nation-state to the development of a market economy to social construction,in which the rule of law is the main factor.In the East,the successful governance countries represented by Singapore and South Korea have also experienced the process of development from the state to the economy and then to the society,as well as the way of using the rule of law.The difference is that the development of western countries is more "evolutionism",while the development of Eastern countries reflects more "constructivism",and the government plays a more promotive role in the construction of market economy and social construction.Since the reform and opening up,China's national governance has achieved great success.From the perspective of the development process of China's state governance,it also conforms to this logic.Under the leadership of the Communist Party of China,the country has turned to develop market economy,thus building a harmonious society,and taking the rule of law as the basic way of governing the country and government.In this process,the rule of law(legal system)has become an important clue,forming four distinct themes,namely,the theme of economic construction,the theme of social construction,the theme of safeguarding rights,and the theme of governance.The formation of these themes confirms the logic of the development of modern state governance.While following the basic logic of modern state,China's national governance also shows distinct national characteristics.We can summarize the successful experience of modernization/rule of law of China's national governance as "five organic unifications".That is,adhering to the organic unification of Party leadership,people's democracy and rule of law,adhering to the organic unification of historical tradition,foreign experience and basic national conditions,and adhering to value guidance,the organic unification of leading,formal and substantive rule of law,the organic unification of political party governance,state governance and social governance,and the organic unification of promoting development,deepening reform and governing the country by law.To sum up,the successful experience of China's national governance can be summed up as "good law and good governance",that is,the modernization of national governance system and governance capacity.The Nineteenth National Congress of the Communist Party of China marks the entry of socialism with Chinese characteristics into a new era.The major contradictions in Chinese society have undergone historic changes.The modernization/rule of law of national governance is in a new historical position.The goal of state governance in the new era is to achieve "common prosperity" and build a "powerful socialist modernization country".The establishment of the new goal of national governance has put forward a new subject for national governance.In the process of realizing the new goal of national governance,the rule of law has also been given a new task.The rule of law should play a leading and guaranteeing role to promote the realization of public prosperity,and provide institutional supply for Party building,government building,economic construction and social construction.In this process,the rule of law itself should also be reformed to adapt to the development of the times and become a perfect "good law and good governance".