“法治江苏”“法治浙江”“法治广东”等地方法治实践的兴起,引发了学者们对地方法治概念的理论争议。质疑者认为主权是现代法治概念的基础,地方不是独立的法治单元体,故而地方法治概念不能成立。肯定者从地方法治发展的主客观动力因素出发,分别提出先行法治论、地域文化论、地方竞争论和国家试错论等四种代表性学说,但均未阐明受质疑的地方法治的权力基础,故而难以有效证成地方法治概念。主权与治权相分离是地方法治概念的法理基础,宪法、法律中有关地方治权形态与治权事项的规定是地方法治概念的制度依据,中央主导下的地方治权自主是地方法治概念的社会实效性根据。治权自主理论的提出,有助于明确地方法治概念的主体层级、评判地方法治实践以及合理界定地方法治与国家法治的关系。 The rise of local rule of law practice such as “rule of law in Jiangsu”, “rule of law in Zhejiang”, “rule of law in Guangdong” initiated the scholars’ theoretical controversy over the concept of local rule of law. The skeptics argue that sovereignty is the basis of the modern concept of rule of law and that localities are not independent units of the rule of law. Therefore, the concept of local rule of law can not be established. Affirmed from the subjective and objective motive force of the development of the rule of law in the place, the affirmatives put forward four kinds of representative theories, such as the law of prior rule, the theory of regional culture, the theory of local competition and the trial and error of the state, respectively. However, Therefore, it is difficult to effectively prove the concept of local rule of law. The separation of sovereignty and state power is the legal basis of the concept of local law and order. The stipulations in the Constitution and laws concerning the forms of state power and matters for governing are the institutional basis of the concept of local law and order. Social effectiveness according to. The proposition of autonomy of autonomy helps to clarify the main body of the concept of the concept of the rule of law, judge the practice of the rule of law in the local community and rationally define the relationship between the rule of law in the local area and the rule of law in the country.