Legalization of National Governance:Discourse Tension and Ideal Types——Analysis based on the Legalization of the Business Environment
Governance and the rule of law are usually considered to be inherently consistent and regarded as reform plans for late-developing countries.The two have also been integrated into the same discourse as China's national governance modernization and legalization goals have been proposed.Existing studies mostly discuss governance and the rule of law in the context of governance modernization,but rarely reflect on the complex relationship between the two and the ideal type of legalized governance.The analysis of governance theory and rule of law theory in the global and Chinese contexts shows that the two have not been fully integrated in the discourse of governance and rule of law,and there are also different types of relationships such as gap,hybridity,and transformation between governance and rule of law discourses.An analysis of the reform practices from attracting investment to optimizing the business environment in the Chinese context shows that the legalization of governance is a dynamic changing process in which governance and the rule of law move from gap to hybridity and transformation,thereby taking into account both the effectiveness and legitimacy of governance.The legalization of the business environment should go beyond local competitive policy preferences,promote the legal transformation of policies and enhance the authority,binding force and credibility of the rule of law.
governance theorylegalization of national governancelaw-based governmentoptimization of the business environmentreforms of streamlining administration and improving services