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在国家提出西部大开发战略后 ,法律界提出了西部大开发必须依赖法治 ,并以法治作为其获得成功的重要途径、保障和基本内容的主流观点。观点并没有错 ,但在理论上存在一些缺陷。构建高效的西部法治秩序应遵循的规则 :从西部大开发对法治秩序的内在需求角度考虑有关西部大开的法律供给 ;从成本收益的比较分析角度考虑有关西部大开发的法律供给 ;限制行政机关立法权 ,避免经济行政法规泛化而出现的西部法治秩序构建过程中供大于求 ,或供求不符现象 ;注重市场机制与法律机制的替代和互补作用 ,限定法律在西部大开发中的介入领域。
After the country put forward the strategy of developing the west, the legal community has put forward the mainstream view that the development of the western region must rely on the rule of law and that the rule of law should serve as its important channel, guarantee and basic content. The view is not wrong, but there are some flaws in theory. The rules to be followed in building an efficient Western rule of law order are to be followed: the legal provisions concerning the opening of the western region should be considered from the perspective of the intrinsic demand for the order of the rule of law in the course of developing the western region; the legal provisions concerning the large-scale development of the western region should be considered from the perspective of cost-benefit analysis; Legislative power to avoid oversupply or inconsistency in supply and demand in the process of establishing the rule of law in the western region as a result of the generalization of economic and administrative laws and regulations; pay attention to the substitution and complementarity of market mechanisms and legal mechanisms, and limit the law’s intervention in the development of the western region.