法治与小康社会

发布时间：2018-05-13 14:57

本文选题：法治 + 法治小康　；参考：《中国法学》2013年01期

【摘要】：本文以党的十八大报告关于法治与小康社会的基本论述为依据,通过解读十八大报告对小康社会提出的法治建设新要求,即"国家各项工作法治化",创造性地提出了"法治小康"的概念。作者在文章中指出,"法治小康"是对"法治"建设状况与"小康社会"社会发展目标两个方面的期待与要求。作者通过对"法治"价值的基本内涵、"法治化"的最低制度与行为要求,指出了"小康社会"对"法治化"所提出的法治水平最低要求,包括法治"供给"与法治"需求"之间关系的基本适度和平衡;不同法律之间的相互协调,特别是法律制度自身的"统一性";通过贯彻落实依法治国基本方略,来彻底否定人治,弘扬法治,真正地实现"宪法法律至上"的价值目标;通过"法治思维与法治方式"来凝聚成"法治文化"形态的法治精神等等。本文还全面地考察了党的十一届三中全会以来我国"法治"价值内涵的逐渐形成、完善到成熟的发展过程,指出了"依宪治国"、"依宪执政"是实现"小康社会法治化"的必由之路这一重要的法治发展战略目标与机遇。
[Abstract]:Based on the basic exposition on the rule of law and the well-off society in the report of the 18th National Congress of the Communist Party of China, this paper interprets the new requirements of the construction of the rule of law for the well-off society put forward by the report of the 18th National Congress of The concept of "ruling by law" creatively puts forward the concept of "well-off by law". In this paper, the author points out that "well-off by law" is the expectation and requirement of the construction of "rule of law" and the social development goal of "well-off society". Through the basic connotation of the value of "rule by law", the minimum system and behavior requirement of "rule by law", the author points out the minimum requirement of the level of rule of law put forward by "well-off society" to "rule by law". Including the basic moderation and balance of the relationship between the "supply" of the rule of law and the "demand" of the rule of law; the mutual coordination among different laws, especially the "unity" of the legal system itself; and the implementation of the basic strategy of governing the country according to law, To deny the rule of man thoroughly, to carry forward the rule of law, to realize the value goal of "constitutional law first", to condense the spirit of rule by law in the form of "culture of rule by law" through "thinking and mode of rule by law". This paper also comprehensively examines the gradual formation of the value connotation of "rule of law" in China since the third Plenary session of the Eleventh Central Committee of the CPC, which has been perfected to a mature development process. It is pointed out that "governing by the constitution" and "ruling by the constitution" are the only way to realize the rule of law in a well-off society, which is an important strategic goal and opportunity for the development of the rule of law.
【作者单位】：中国社会科学院法学研究所;
【分类号】：D920.0

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