摘要： 伴随社会治理的精细化,面向民众日常生活的治理活动持续增多。日常生活中量大而面广的不文明行为,构成基层治理的难题。在此背景下,各地陆续制定出台了文明促进型法。对部分典型立法的测评表明,文明促进型法总体上呈现出以软法为主、硬法为辅的混合型结构。其运作模式,一是创制倡导性规范以促进守法,二是集中强制性规范以辅助执法。在实践中,文明促进型法的实施并非依循助推或强制模式,而是经由建构文明话语、区分生活场景、量化日常行为等机制组合,最终促成日常行为惯习的法律濡化。文明促进型法濡化日常行为惯习的实践,根源于我国生活治理的历史传统。制定并推广文明促进型法,本质上是以法治方式延续这一传统、推进生活治理法治化的具体举措。

关键词: 文明行为, 日常惯习, 法律濡化, 生活治理

Abstract: With the refinement of social governance, governance activities directed at people's everyday life have continued to increase.Uncivilized behavior in everyday life, which is extensive in both quantity and scope, has become a difficult issue in primary-level governance.Against this background, localities have successively enacted civilized-behavior promotion laws.An assessment of selected typical legislation shows that civilized-behavior promotion laws generally present a mixed structure, with soft law as the primary component and hard law as the supplementary one.The expected mode of operation is twofold: first, to create advocacy-oriented norms in order to promote law-abiding conduct; second, to consolidate mandatory norms in order to assist law enforcement.In practice, however, the implementation of civilized-behavior promotion laws does not simply follow either a nudge model or a coercive model.Rather, through a combination of mechanisms such as constructing a discourse of civility, differentiating everyday-life settings, and quantifying everyday behavior, these laws ultimately facilitate the legal acculturation of everyday behavioral habitus.Further analysis shows that the practice of acculturating everyday behavioral habitus through civilized-behavior promotion laws is rooted in China's historical tradition of life governance.In essence, the enactment and promotion of civilized-behavior promotion laws constitute a concrete measure to continue this tradition through the rule of law and to advance the legalization of life governance.

Key words: Civilized Behavior, Everyday Practice, Legal Acculturation, Life Governance