An Analysis Of The Theoretical Relationship Between A Society Ruled By Law And Social Governance

Since the CPC 18th National Congress,the highest decision-making level of China had put forward the proposition of ''insisting on integrated construction of country,government and society under the rule of law",in which the "society under the rule of law,,as a relatively independent terminology from the "country under the rule of law,,was for the first time put forward officially,and showed its emergence and significance.The emergence of society under the rule of law means both the existence of government under the rule of law,independent from,parallel to the former,and the growing change of the meaning of country under the rule of law.The construction of country under the rule of law is composed of both society under the rule of law and government under the rule of law in the context of integrated construction of the rule of law.In this context,society under the rule of law tends to social autonomy rather than government regulation.Society under the rule of law has several dimensions including institutions,practices and cultures,it refers to a society which creating orders based on diversified rule system including national former law and societal intrinsic norms,a harmony society rooted in societal self-govemance and power balance,a society in which concepts of the rule of law are widespread and atmospheres of the rule of law are thick,a public ethical entity longing for legal economy and social justice.It includes a market society(economic society)consisted of atomized social individuals,a civil society consisted of diverse social organizations,and an ethical society which dissolved into social,economic and political life—and also as their moral context,cultural representation and spiritual constitution.As an important part of national govermance system,social governance has become a hot issue in academic circles in the process of "promoting the modermization of national governance system and governance capacity.,In Chinese current context,the terminology mainly refers to a descriptive and empirical concept,which means governance activities and processes on social public issues by governments,social organizations and citizens;a governance model formed by the mterrelations and combined actions of government,market and society.There are mainly three dynamic forms of social governance,the first is govemment-led governance,the second is social and market self-govemance,and me third is govemment-market-society cooperative governance.Among them,the government-led is the main forn currently.This form has its own historical logic and inevitability,realistic condition and rationality China.However,its realistic validity?.or instrumental rationality cannot prove its moral legitimacy naturally and its direction of development in future.The terminology social governance itself contains some progressive ideas such as democracy and public participation,it holds the good vision to good govermance.This means the government-led governance is just a transitional means in China,s current social transformation stage;while the social and market self-govemance,and the govemment-society-market cooperative govermance,ought to be approaching and desirable forms.There are many similarities and relations between society under the rule of law and social govermance,such as both of them aim at social orders and public benefits,obey the rule of law,acknowledge and advocate ordered participation and self-governance of social individuals,regard the joint govenlance by government and society as ideal state,accept diversified social norms and altermative dispute resolutions,attach importance to the influences and functions of social culture and legal ideas;and,as an inevitable path of social govermance innovation,society under the rule of law will reduce the cost of social govermance,and afford a basic institutional frame and social environment of the rule of law for the modernization of social governance.However,there are also distinct logic differences between society under the rule of law and social govermance in theory.They are analytical tools belong to different research realms respectively.Society under the rule of law i5 a basic category in the field of legal research,especially in the theoretical and practical domains of the rale of law,it is the crystallization of thesis of the rule of la,w,and all the questions of"society under the rule of law,revolve around the "law".While social govermance is a basic concept in the research field of political sociology and public administration,also in the practice field of national public affairs management,it is the crystallization of thesis of governance,and all the propositions of“social governance,center on the"govemance",There are noticeable differences between these two terminology,not only in the domain of research and discourse,but also in usociar,domain and subjective status.Comparatively speaking,society of the rule of law has more theoretical intersections with good govermance.Good governance is a favorable govemance,is an ideal state of social governance,and is a basic representation of the modernization of social governance.Society of the rule of law,as a specific show of the rule of law in social field,offers a good environment of the rule of law and a basic institutional guarantee for social governance moving towards good governance,therefore,society of the rule of law is the inevitable course for social governance leading to good govermance.Society of the rule of law and social governance share the same value—good governance;and the,joint construction,governance and sharing",become a path to "good governance" and a common practical program for the construction of society of the rule of law and the innovation of social governance.