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法治的建立是一个过程,法治与发展有着密不可分的关系。真正法治的建立,是社会经济、政治、文化等多方面综合发展的自身要求,是遵循法治逻辑发展顺理成章的结果。而随着当代中国发展与法治建设的推进,经济发展为中心、以政策为主导、由政府予以推进的实体性现实发展路径逐渐暴露出其偏离法治的种种弊端,致使现实中的发展与法治出现冲突,使发展出现人格化、非均质化等问题难以为继、改革流于形式。持续稳定的发展应当遵循法治逻辑,遵循规则,以规则来引领发展,不能长久停留在摸着石头过河和抓住老鼠就好的阶段,本文从发展与法治的关系探求出发,力图寻求法治与发展的权力平衡、社会平衡以及文化平衡,以求做出对于经济体制改革和推进法治中国建设的有益思考。
The establishment of the rule of law is a process, and the rule of law and development are inextricably linked. The establishment of a true rule of law is an individual requirement for the comprehensive development of the society, economy, politics and culture, and is the result of following the logical development of the rule of law. With the development of contemporary China and the promotion of the rule of law, economic development as the center and policy-led development, the real path of development promoted by the government gradually reveals its drawbacks that deviate from the rule of law and leads to the emergence of the reality of development and the rule of law Conflict, so that the development of personality, heterogeneity and other unsustainable problems, the reform is a mere formality. The sustained and steady development should follow the logic of rule of law, follow the rules, lead the development by rules, and can not stay in the stage of feeling the stones and grasping the rats for a long time. This article tries to seek the rule of law and development from the relationship between the development and the rule of law Power balance, social balance and cultural balance in order to make useful thinking on economic restructuring and promoting the construction of law in China.