治理与法治通常被认为具有内在一致性而被视为后发国家的改革方案，二者也随着中国国家治理现代化和法治化目标的提出而被整合进同一话语。既有研究多在治理现代化语境下讨论治理与法治，但较少反思二者的复杂关系以及治理法治化的理想类型。对全球和中国语境下的治理理论和法治理论的分析表明，治理与法治并未在治理法治化话语中得到充分整合，治理与法治话语之间存在分歧、混合、转换等不同类型的关系模式。对中国语境下从招商引资到优化营商环境改革实践的分析则表明，治理法治化是治理与法治从分歧走向混合和转换、从而兼顾治理有效性与合法性的动态变迁过程。营商环境法治化应该超越地方竞争式的招商引资政策优惠，促进政策的法治化转型并增强法治的权威性、约束力和可信度。

治理理论, 国家治理法治化, 法治政府, 营商环境优化, 放管服改革

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 theory, legalization of national governance, law-based government, optimization of thebusiness environment, reforms of streamlining administration and improving services