关于“善治”的三个追问

善治与法治的关系问题不仅是当下学界研讨的重点，而且是攸关十八届四中全会所提出的全面推进依法治国的重要理论问题。在“法治中国”的语境下，善治不只被认为是一种治理样态，更被学者定义为一种治理方式。对善治的学术争鸣使学界聚焦于两者关系的一系列重要理论命题，研究的重心和追问的焦点在于：善治优于法治吗？法治优于善治吗？德治是善治的渊源吗？回应这些问题，一方面，试图重构善治与法治的关系，另一方面，意在回应学者对于当下国人脆弱法治观念的担忧，并进行再加固。坚持“法治优位”，将善治之价值内嵌于“法治中国”，是符合中国国情，具有中国特色的正确抉择。在现代社会，法治才是最大的善治。
The relationship between good governance and the rule of law is not only the focus of discussion of the academia nowadays, but also vital theoretical issue of comprehensively implementing the rule of law in the fourth plenary session of the 18th Communist Party of China (CPC) Central Committee. In the context of “China under the rule of law”, good governance is considered as a way of governance, furthermore, it is defined as a model of governance by scholars. So scholars focus on a series of important theoretical propositions. The discussions about the good governance focus on: “Is good governance better than the rule of law?”, “Is the rule of law better than good governance?”, “Is the rule of virtue origin of the good governance?”, and so on. About these questions, there are two resolutions. One is to reconstruct the relationship between good governance and the rule of law, the other is to resolve the fragility of conception of the rule of law that Chinese scholars worry about, and to reinforce it again. It is a correct choice for China to adhere to the “priority” of the rule of law, and to embed the value of good governance in the “China under the rule of law”. In the modern society, the rule of law is the best mode of good governance.