“法治中国”析

发布时间：2019-07-16 08:34

【摘要】：从建设"法治中国"目标看,它包含了法治国家、法治政府、法治社会"三位一体"的法治目标,其中需要明确包含着的"建设法治中国"与"建设社会主义法治国家"的关系,法治国家、法治政府、法治社会三者相互之间的关系,以及依法治国、依法执政、依法行政与法治国家、法治政府、法治社会之间的关系。实际上"法治中国"与"法治国家"的内涵是一致的、目标是相同的。"法治国家"是宪法载明的国家法治建设目标,具有根本法的效力;而"法治中国"仅是执政党的政治主张,属于学理概念。因此,从执政党的角度,应当始终围绕一个核心的国家价值目标进行建设,这个目标应当是对"法治国家"目标的同义词表达。在这个层面上说,人们应当把"法治中国"的基本含义理解为"法治国家"而不是在"法治国家"之外具有更广袤含义的概念,才更符合《关于全面深化改革若干重大问题的决定》提出的原意。
[Abstract]:From the point of view of the goal of building a "China ruled by law", it includes the goal of "trinity" of a country ruled by law, a government ruled by law and a society ruled by law. It needs to clearly include the relationship between "building a country ruled by law" and "building a socialist country ruled by law", the relationship among a country ruled by law, a government ruled by law, and a society ruled by law, as well as governing the country according to law, ruling by law, administration according to law, a country ruled by law, and a government ruled by law. The relationship between societies ruled by law. In fact, the connotation of "China ruled by law" is the same as that of "country ruled by law", and the goal is the same. "country ruled by law" is the goal of national rule of law construction enshrined in the Constitution, which has the effect of fundamental law, while "China ruled by law" is only the political opinion of the ruling party and belongs to the concept of theory. Therefore, from the point of view of the ruling party, we should always build around a core national value goal, which should be synonymous with the goal of "a country ruled by law". At this level, people should understand the basic meaning of "China ruled by law" as "a country ruled by law" rather than the concept with a broader meaning outside the "country ruled by law", so as to be more in line with the original intention of the decision on deepening Reform in an all-round way.
【作者单位】：上海交通大学凯原法学院;
【分类号】：D920.4

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