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法治生成的最重要的条件,在于作为法治重要基石的自由、平等以及宪法主治、有限政府和基本人权等价值,在社会的不断进化过程中得以演进形成。而市场经济的发展、市场逻辑的拓展,对于法治基本价值的孕育、演进和发展,起到了不可或缺的作用:从经济独立到身份平等,从市场规则到宪法主治,从市场平衡到有限政府,从市场自由到基本人权,均印证了市场经济与法治之间存在的逻辑联系。二者之间关系的普遍经验,对我国同样具有参考价值。社会主义市场经济的运行与发展,对社会主义法治国家和法治政府的构建来说,同样是基础性和前提性的条件。而法治建设的历史要求,反过来会进一步推进市场经济体制改革,促进经济更加开放、权利更有保障的制度环境的构建。
The most important condition for the birth of the rule of law lies in the fact that freedom and equality as the cornerstone of the rule of law as well as constitutional rule, limited government and basic human rights are evolving in the continuous evolution of society. The development of market economy and market logic have played an indispensable role in the birth, evolution and development of the basic value of the rule of law: from economic independence to equality of status, from market rules to constitutional governance, from market balance to limited government From freedom in the market to basic human rights, all confirm the logical relationship existing between the market economy and the rule of law. The general experience of the relationship between the two has the same reference value to our country. The operation and development of the socialist market economy are also fundamentally and preconditions for the construction of a socialist country ruled by law and a government under the rule of law. The historical requirements of the rule of law, in turn, will further promote the reform of the market economy and promote the establishment of a more open and more secure institutional environment.