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改革与法治的关系非常复杂,从理论上说二者是能够一致的。法治及其保障制度需要改革,要在深化改革中完善,比如司法公正就需要全面的司法改革;全面深化改革更需要法治方式和法治思维,法律是现代国家治理的主要方式。但是并不是每一种改革措施都会促进法治的完善,因此本文关注的重点就在于何种性质的改革能够通向一种中国语境的新型法治的建立。本文不求对全面深化改革的所有问题进行法律层面上的详细说明,而只是对其中一些核心的问题进行框架性论述。下文
The relationship between the reform and the rule of law is very complicated. Theoretically speaking, the two are in agreement. The rule of law and its security system need to be reformed, and it needs to be perfected in deepening the reform. For example, justice requires a comprehensive judicial reform. Deepening the reform requires more the rule of law and the rule of law. Law is the main mode of governance in modern countries. However, not every reform measure will promote the improvement of the rule of law. Therefore, the focus of this article is on what kind of reform can lead to the establishment of a new rule of law in the context of China. This article does not seek to give a detailed explanation of all the issues concerning the overall deepening of reform on the legal level, but only provides a framework discussion of some of the core issues. Below