论法治型社会治理体制的构建——以十八届三中全会为背景

党的十八届三中全会将社会管理表述变为社会治理,是中国社会治道之变。鉴于法治是社会治理的根基,其中法治思维是社会治理基本思维模式,法治方式是现代社会的最优治理方式。所以法治型社会治理体制的构建是社会治理范式的历史性飞跃,它是民主加法治的完美组合升级版,是社会治理的简单化智慧,可挈领提纲的制度性化解问题,其终极目的是善治的达致。需明了的是,法治型社会治理模式是立足于"法律主治"的治理模式,承载着民众对生活世界幸福的美好向往,但它绝不是公民幸福的全部。

On Construction of Legal Social Governance System---with the Background of the Third Plenary Session of the 18th CPC Central Committee

The Third Plenary Session otF the 18th CPC Central Committee changed the expression of social management into social governance, which is a Governance change in the Chinese society. In view of the found mental role of law in social govern- ance,legal thinking is the basic thinking mode of social governance and the rule of law is the optimal governance mode in the modern society. So construction of legal social governance system is a historic leap in social governance paradigm, which is a perfect combination of an upgraded version of democracy and the rule of law, and the simple wisdom of social governance, which may solve the problem briefly and explicitly. Its ultimate aim is to achieve good governance. What needs to be clarified is that legal social governance system is based on the ＂rule of law＂ management mode, carrying the longing of people for a better world,but it is not all the citizen＇s happiness.