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中国法治的道路与特色

The Path and Characteristics for Rule of Law in China

ISBN:978-7-5203-0559-4

出版日期:2017-06

页数:413

字数:273.0千字

丛书名:《国家发展与战略丛书·人大国发院智库丛书》

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基金信息: 本书系北京市中国特色社会主义理论体系研究中心重点项目《法治中国研究》(ZT2014005)、国家社科基金2014年重大项目(第三批)《完善以宪法为核心的中国特色社会主义法律体系研究》(14ZDC008)和马克思主义理论研究和建设工程重大项目《全面推进依法治国重大现实问题研究》(2015MZD042)成果 展开
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图书简介

冯玉军

从1978年年底至今,中国共产党推行的改革开放已经快40年了,在这个崭新的时期,中国的法治发展同经济社会领域一样,都取得了令世人瞩目的巨大成就。可以说尽享“后发”优势,创造了“中国奇迹”。在此之际,回顾法制改革的不平凡历程,总结法治中国建设的模式特征,反思从实然的“中国法治”前进到应然的“法治中国”过程中的困难与挑战,对全面推进依法治国进行战略性前瞻,最终建成既体现人类民主法治普世价值,又具有中国历史文化特色,实现国家治理体系(良法)和治理能力(善治)现代化,无疑有着十分突出的理论价值和实践意义。

一 法治在中国的理论价值

法治是一个伟大的名词。

法治是人类文明演进的制度成果,凝结了全人类而不只是西方的自由主义智慧。它是迄今人类为驯服政治国家权力所找到的最有力的武器之一。正是借助于民主和法治,人类政治文明才迈上一个新的台阶。

法治是人类走向未来的自由标尺,体现了人类共识和普世价值。根据古希腊思想家亚里士多德的经典论述,“法治”包括两重含义:“已成立的法律获得普遍的服从,而大家所服从的法律又应该本身是制定的良好的法律。”就现代社会来说,法治内在地蕴含着人民主权、国家尊重和保障人权、法律面前人人平等、权力受到有效制约等价值理念,并通过立法、执法、司法以及人权保障等诸方面的相关制度设计展现出来。这种内容与形式相统一的法治,就是“良法之治”。

法治是维护公平正义、实现经济社会稳定发展的基本治国方略,是中国治国理政经验和教训的总结,是建设中国特色社会主义的必然选择。推进国家治理体系和治理能力现代化的关键,就是依法善治。即把法治理念、法治精神贯穿到政治、经济、文化、社会和生态建设之中,从上到下形成良好的法律意识、法律文化,树立坚定的法律信仰、法律意志,将社会主义核心价值观融入法治体系,不断促进国家利益和公共利益的最大化,实现富强、民主、文明、和谐的现代化建设目标。

人民共和国治国理论的理论探索,是围绕着科学、民主、人权、法治这些基本范畴展开的。作为人类进步发展的价值追求,科学、民主、人权、法治彼此联系,不可分割。要科学就得讲民主,要民主就得讲人权,要人权就得讲法治,这似乎是人类社会从必然王国向自由王国前进的必由之路,但是这条道路的具体形态,在不同的地区、不同的民族和国度是不相同,甚至是很不相同的,人们必须经过反复的实践探索才能找到适合自己的理论模式和具体的现实途径。在中国共产党的领导下,中国人民经过28年的艰苦斗争取得了政权,又经过新中国成立后的艰辛实践和探索,终于找到了一条适合自己的道路,这就是坚定不移地走中国特色社会主义道路,认真学习和实践科学发展观,坚持党的领导、人民民主与依法治国的辩证统一。这是中国特色社会主义民主法治理论的核心,也是马克思主义法学理论中国化的精髓。

中国民主政治建设取得的成就举世瞩目,人权保护与法律治理水平的提高使中国赢得期待。抚今追昔,中国的民主法治虽然起步很晚,步履维艰,但是起点高、发展迅速,我们的社会主义法律体系已经形成,司法、执法的各项制度渐趋完善。“依法治国,建设社会主义法治国家”已经写入我国根本大法当中,开辟了我国法治的新时代。依法治国、执法为民、公平正义、尊重人权、权力受到有效制约等法治理念也成为中华民族共同体的基本共识和共同分享的价值。在占世界人口1/5的中国进行的民主政治建设是世界政治进步的重要组成部分,中国的法治所取得的成就是对世界和谐文明发展的一大贡献。

当然,从民主法制建设上的一穷二白,到建设成中国特色社会主义法治国家,还有很长的路要走,还需要一代又一代的法律人和全体公民一道艰苦努力、不懈探索、解放思想、与时俱进。为此,我们还要在全体人民中进行遵守宪法和法律的教育,普及法律常识,强化责任意识,增强民主法治观念和人权观念,使人们懂得公民的权利和义务,懂得与自己工作和生活有关的法律,依法办事,依法律己,依法维护自身的合法权益,善于运用法律武器同违法犯罪行为做斗争。要建立健全有关的法律、法规和制度,依法加强对社会生活各个方面的管理,制裁和打击危害社会的不法行为,执法必严,违法必究。

一个现代化的国家必然是法治国家。一个富强、民主、和谐的法治国家必然是人民安居乐业、诚信守德的国家。回首新中国成立以来的光辉成就:在物质文明建设方面,我们实行了社会主义市场经济,通过改革开放,使社会生产力得到空前解放,综合国力显著提高;在精神文明建设领域,我们大力弘扬社会主义文化的主旋律,建立健全了社会主义法律体系,积极推进了民主政治建设,反对人治,厉行法治,社会公众的法律意识与守法观念明显增强。展望未来,我们更是要把改革取得巨大成就而激发出来的满腔热情转化到实际工作中去,一方面要大力加强法治建设,从实现人的全面发展的高度,更好地用法律保护人、尊重人、规范人;另一方面,又要继续鼓励和弘扬公民的爱国热情,发扬我们民族的优良道德传统,不断提高人们的道德素养和法律意识、法律文化,并将之转化为建设社会主义现代化的不竭动力,以最终实现21世纪中华民族的伟大复兴。

二 中国法制改革的历史意义

当代中国的法治建设,以党的十一届三中全会为分界点,经历了两个历史发展时期。从1949年到1978年的前28年,大致包括三个阶段:

(1)1949—1956年,新中国法制初创阶段。以“五四宪法”、《惩治反革命条例》等法律文件为标志,体现了百废待兴和巩固无产阶级专政的时代需要。虽然确立了社会主义制度的“四梁八柱”,有了基本的立法,如1950年《婚姻法》、1951年《惩治反革命条例》、1954年《宪法》等,但是总体特点是专政的法律多,民商经济法很少,移植借鉴苏联的立法多,对中国传统法律文化和西方法律文化采取了一刀切的否定态度。

(2)1957—1966年,法制建设相对停滞阶段。尽管在1961年中央先后出台了工业70条、农业60条、商业40条、手工业35条等政策法规,但是“左倾”错误也在不断滋长。“大跃进”“反右”等一系列政治运动,使得共和国法制建设停滞不前。

(3)1966—1976年,民主法治被彻底破坏阶段。也是“无法无天”的十年,给国家、社会和公民造成了极大伤害。公检法机关被统统砸烂,人民代表大会及其常委会的功能、职责被废掉了。以阶级斗争为纲,“造反有理、革命无罪”和“文攻武卫”等极“左”思想和话语甚嚣尘上,实际上既无民主又无法制,整个国家经历了大的劫难。

改革开放至今,也可分为三个阶段:

(1)1978—1996年,民主法制恢复建设阶段。以制定1982年《宪法》和《民法通则》《刑法》《刑事诉讼法》为标志,制定了一系列重要法律,推进了一系列法制变革,重建了社会管理秩序,保障了基本人权和民主,确定了建立社会主义市场经济法律体系的战略取向,初步实现了社会治理的法律化、制度化。

(2)1997—2011年,依法治国方略确立和社会主义法治初步发展阶段。党的十四大确立了“社会主义市场经济”。1997年,中国共产党的第十五次代表大会正式将“依法治国,建设社会主义法治国家”作为治国基本方略和奋斗目标确定下来。现代法治的民主、人权保障、司法独立、程序公正等原则,在法律制度中开始得到体现,法律的权威越来越得到执政党和广大机关的维护和尊重。以确立依法治国,建设社会主义法治国家为治国基本方略和加入世界贸易组织为标志,开启了全球化条件下深层次法治改革。法律价值成为国民精神和国家形象的重要元素,法律权威日益受到执政党和国家机关的维护和尊重,法治原则(如保障人权、限制公权、程序公正等)在法律体系建构和法律实施中得到体现。

(3)2012年至今,全面推进依法治国、加快建设法治中国的新阶段,党的十八大特别是十八届三中、四中全会对我国法制改革和法治建设做出了全面战略部署。

2012年11月,党的十八大在布置全面建设小康社会这个总任务的同时,要求“全面推进依法治国,加快建设社会主义法治国家”。党的十八大报告以全面建成小康社会为目标,重点强调了全面推进依法治国问题;十八届三中全会决定号召全面深化改革,由点到面地阐述了推进法治中国建设的基本内容;十八届四中全会由点、线再到面、体,科学规定了全面依法治国的基本原则、工作布局和重点任务;十八届五中全会则聚焦法治经济、法治社会建设特别是法治政府的基本建成问题,由静态到动态,由总体战略布局到分解任务、贯彻执行,描画了建成小康社会的战略目标进入决胜阶段的具体任务和法治路线图。

综合起来看,这四次会议和四份重要文件之间在精神上高度一致,内容上相辅相成,其中全面建设小康社会是总目标,全面深化改革和全面推进依法治国就好比是全面建设小康社会的车之两轮、鸟之两翼,而全面推进依法治国是前两个全面建设的重要保证。整体构成当代中国法治建设与理论探索的重大突破,揭开了建设社会主义法治国家的新篇章。

客观分析新中国成立六十多年来中国政治文明进程和法律话语的变迁,从人治到法治、从强调专政统治到强调“依法治国,建设社会主义法治国家”,彰显了法治作为现代国家治理基本框架的重要作用,体现出当代中国国家治理观念和治理方式的深刻转向。党的十一届三中全会提出“发扬社会主义民主,健全社会主义法制”,为法治发展奠定了关键基础;党的十五大报告提出的“依法治国,建设社会主义法治国家”,使法治的地位得到空前提升。2012年党的十八大做出了全面推进依法治国的战略部署,十八届三中全会进一步把“完善和发展中国特色社会主义制度,推进国家治理体系和治理能力现代化”当作全面深化改革的总目标,强调“建设法治中国,必须坚持依法治国、依法执政、依法行政共同推进,坚持法治国家、法治政府、法治社会一体建设”,这是当代中国社会主义法治建设史上的第三次重大突破,揭开了中国法治建设的新篇章。

三 从中国法治到法治中国

“法治中国”是法治国家的升级版、创新版。它既是对过去法治建设经验的深刻总结,又是对未来法治建设目标的科学定位。既尊重法治发展的普遍规律,又联系现实国情民意,是法治一般原理与中国法治实践紧密结合后在法治道路、法治理论、法治制度上进行创造性转换的产物。在这个语词表述中,“法治”是普遍性概念,“中国”是特殊性概念,二者相结合,反映出“中国特色社会主义法治国家”建设理论与实践的深刻性、复杂性。它特别强调解决中国当下的现实问题,强调深刻理解中国国情的问题意识与主体性,强调现代化建设的中国模式和中国经验,强调建设中国特色社会主义的理论自信、制度自信、道路自信。对打造中国法治模式、探明法治路径、振奋中国精神、增强民族凝聚力、开创中国法治建设的新局面意义深远。

英国哲学家伯特兰·罗素在1928年所著《怀疑论》中曾说过:“中国是一切规则的例外。”也有人转述黑格尔曾说:“中国是一切例外的例外,西方的逻辑一到中国就行不通了。”我们且不去管他是否在刻意贬低中国,他至少提醒我们,在中国进行法治建设,其困难不是构建西方式法治的困难。由于问题、语境和背景的“例外”,中国既无必要也不可能建成西方式的法治,而只能建成中国式的法治,也即法治中国。

法治中国建设蕴含着为实现法治中国梦而努力奋斗的历史责任和神圣使命,是实现几代中国人矢志追求的民主法治理想的紧迫要求。从实然的“中国法治”前进到应然的“法治中国”,尽管其面临许许多多的困难与挑战,具体内容也会随着时代发展而有所增益,但它必然会体现中国特色社会主义的本质要求,体现改革开放和现代化建设的时代要求,体现结构内在统一而又多层次的国情要求,体现继承中国法制文化优秀传统和借鉴人类法制文明成果的文化要求,体现动态、开放、与时俱进的发展要求,体现巩固国家长治久安、确保人民安居乐业、维护社会公平正义、全面建成小康社会的目标要求。

法治中国建设以扬弃良法善治精神为前提,将社会主义核心价值观融入法治体系,有利于实现从管理向治理的根本转变,做到治理水平与大国地位同步提升,推进改革发展稳定协调并进。法治是治理的载体、方式和必备要件,法治所蕴含的良法价值追求与治理相得益彰。无论是政党治理、政府治理,还是社会治理,法治都发挥着无可替代的重要功能。正是在这个意义上说,法治中国与富强中国、民主中国、文明中国、和谐中国、美丽中国、平安中国相辅相成,共同编织成全面建成小康社会的美好奋斗愿景。

在今天这样一个不断变革的社会环境下,面向现代化、面向世界、面向未来,法治建设的每一个小的进步都将带动整个社会大步向前,我们整体的制度构架,在这个过程中,也都会更趋科学和稳定,实现社会经济的科学发展。坚持不懈地推动民主法治进步的责任,坚定不移地建设富强民主文明和谐的社会主义现代化国家的责任落在党领导下的全体国民肩上。全面推进依法治国也一定会继续为保障社会稳定和谐发挥更大的作用。

古人云:“立善法于天下,则天下治;立善法于一国,则一国治。”放在今天解读这句话,就是我们能在党的坚强领导下,坚持走中国特色社会主义法治道路,不断完善中国特色社会主义法治体系,最终建成法治中国,使之既体现人类民主法治普世价值,又具有中国历史文化特色;既体现“良法”品格,又涵摄“善治”精髓,实现国家治理的现代化、法治化,最终为世界各国信赖,人民向往,具有先进性、文明性和可借鉴性,才能在国家竞争中立于不败之地,让中华民族在未来傲然屹立于世界民族之林。

展望未来,我们确实更加充满希望!

Feng Yujun: From the end of 1978 to the present, it has been nearly 40 years since the reform and opening up of the Communist Party of China, and in this brand-new period, China's rule of law development has made great achievements that have attracted the attention of the world, as well as in the economic and social fields. It can be said that it has enjoyed the advantages of "latecomer" and created a "Chinese miracle". On this occasion, it is undoubtedly of outstanding theoretical value and practical significance to review the extraordinary course of legal reform, summarize the characteristics of the model of rule of law in China, reflect on the difficulties and challenges in the process of advancing from the actual "Chinese rule of law" to the "rule of law China", and make a strategic look forward to comprehensively promoting the rule of law, and finally build a country that not only embodies the universal value of human democracy and rule of law, but also has Chinese historical and cultural characteristics, and realizes the modernization of the national governance system (good law) and governance capacity (good governance). I. The Theoretical Value of Rule of Law in China: Rule of law is a great term. The rule of law is the institutional result of the evolution of human civilization, condensing the liberal wisdom of all mankind, not just the West. It is one of the most powerful weapons ever found by mankind to tame the power of the political State. It is precisely with the help of democracy and the rule of law that human political civilization has reached a new level. The rule of law is a free yardstick for mankind to move towards the future, embodying human consensus and universal values. According to the classical exposition of the ancient Greek thinker Aristotle, "rule of law" has a dual meaning: "The established law is universally obeyed, and the law to which everyone obeys should itself be a good law." "As far as modern society is concerned, the rule of law inherently contains the values of people's sovereignty, the state's respect for and protection of human rights, equality before the law, and effective restrictions on power, and is manifested through the design of relevant systems in legislation, law enforcement, justice and human rights protection. This rule of law, which unifies content and form, is the "rule of good law". The rule of law is the basic governing strategy for safeguarding fairness and justice and achieving stable economic and social development, a summary of China's experience and lessons in governing the country, and an inevitable choice for building socialism with Chinese characteristics. The key to modernizing the national governance system and governance capacity is to govern well according to law. That is, to permeate the concept and spirit of the rule of law into political, economic, cultural, social and ecological construction, form a good legal awareness and legal culture from top to bottom, establish firm legal belief and legal will, integrate the core socialist values into the rule of law system, continuously promote the maximization of national interests and public interests, and achieve the goal of prosperity, democracy, civilization and harmony in modernization. The theoretical exploration of the theory of governing the country of the People's Republic revolves around the basic categories of science, democracy, human rights and the rule of law. As the value pursuit of human progress and development, science, democracy, human rights and the rule of law are inseparable from each other. To be scientific, we must talk about democracy, if we want democracy, we must talk about human rights, and if we want human rights, we must talk about the rule of law, which seems to be the only way for human society to advance from the kingdom of necessity to the kingdom of freedom, but the specific form of this road is different in different regions, different peoples and countries, and even very different, and people must go through repeated practice and exploration to find their own theoretical models and specific practical paths. Under the leadership of the Communist Party of China, the Chinese people have won political power after 28 years of arduous struggle, and after arduous practice and exploration since the founding of New China, they have finally found a path suitable for themselves, that is, unswervingly following the road of socialism with Chinese characteristics, conscientiously studying and practicing the scientific outlook on development, and adhering to the dialectical unity of the party's leadership, people's democracy and governing the country according to law. This is the core of the theory of socialist democracy and rule of law with Chinese characteristics, and it is also the essence of the sinicization of Marxist legal theory. China's achievements in democratic political construction have attracted worldwide attention, and the improvement of human rights protection and legal governance has won China's expectations. Looking back at the past, although China's democracy and rule of law started late and took difficult steps, it has a high starting point and rapid development, our socialist legal system has taken shape, and various judicial and law enforcement systems have gradually improved. "Governing the country according to law and building a socialist country ruled by law" has been written into China's fundamental law, opening up a new era of rule of law in China. The concept of rule of law, such as governing the country according to law, enforcing the law for the people, fairness and justice, respecting human rights, and effectively restricting power, has also become the basic consensus and common shared value of the Chinese national community. The construction of democratic politics in China, which accounts for one-fifth of the world's population, is an important part of world political progress, and China's achievements in the rule of law are a major contribution to the development of world harmony and civilization. Of course, there is still a long way to go from the construction of democracy and the legal system to the construction of a socialist country under the rule of law with Chinese characteristics, and it still requires generations of legal personnel and all citizens to work hard together, make unremitting explorations, emancipate their minds, and keep pace with the times. To this end, we should also educate all the people in abiding by the Constitution and the law, popularize common sense of the law, strengthen their sense of responsibility, strengthen the concept of democracy and the rule of law and the concept of human rights, so that people can understand the rights and obligations of citizens, understand the laws related to their work and life, act according to the law, protect their legitimate rights and interests according to the law, and be good at using the weapon of law to fight against illegal and criminal acts. It is necessary to establish and improve relevant laws, regulations, and systems, strengthen management of all aspects of social life in accordance with the law, punish and crack down on illegal acts that endanger society, enforce the law strictly, and prosecute violations of the law. A modern country is necessarily a country governed by the rule of law. A prosperous, strong, democratic and harmonious country ruled by law is bound to be a country where the people live and work in peace and contentment, and are honest and moral. Looking back at the glorious achievements since the founding of New China: In the construction of material civilization, we have implemented the socialist market economy, and through reform and opening up, the social productive forces have been unprecedentedly liberated, and the comprehensive national strength has been significantly improved; In the field of spiritual civilization building, we have vigorously carried forward the main theme of socialist culture, established and improved the socialist legal system, actively promoted the construction of democratic politics, opposed the rule of man, strictly enforced the rule of law, and significantly enhanced the public's awareness of law and law-abiding concepts. On the one hand, we must vigorously strengthen the construction of the rule of law, and better use the law to protect, respect and regulate people from the perspective of realizing all-round human development; On the other hand, it is necessary to continue to encourage and carry forward the patriotic enthusiasm of citizens, carry forward the fine moral traditions of our nation, continuously enhance people's moral literacy, legal awareness and legal culture, and transform them into an inexhaustible driving force for building socialist modernization, so as to ultimately realize the great rejuvenation of the Chinese nation in the 21st century. II. The Historical Significance of China's Legal System Reform The construction of the rule of law in contemporary China has gone through two periods of historical development, with the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China as the dividing point. The first 28 years from 1949 to 1978 roughly included three stages: (1) 1949-1956, the initial stage of the legal system in New China. Marked by the May Fourth Constitution, the Regulations on the Punishment of Counterrevolution, and other legal documents, it embodies the needs of the times for the revival of all wastes and the consolidation of the dictatorship of the proletariat. Although the "four beams and eight pillars" of the socialist system have been established, and there is basic legislation, such as the 1950 Marriage Law, the 1951 Regulations on the Punishment of Counterrevolution, and the 1954 Constitution, the overall characteristics are that there are many laws of dictatorship, few civil and commercial economic laws, and many transplants and borrowing from Soviet legislation, and a one-size-fits-all negative attitude towards traditional Chinese legal culture and Western legal culture. (2) From 1957 to 1966, the construction of the legal system was relatively stagnant. Although in 1961 the central government successively promulgated 70 policies and regulations on industry, 60 on agriculture, 40 on commerce, and 35 on handicrafts, the mistake of "leftism" is also growing. A series of political movements, such as the "Great Leap Forward" and "Anti-Rightist," have stagnated the building of the legal system in the Republic. (3) From 1966 to 1976, the democratic rule of law was completely destroyed. It was also a decade of "lawlessness", which caused great harm to the country, society and citizens. All public procuratorial and judicial organs have been smashed, and the functions and duties of the people's congress and its standing committee have been abolished. With class struggle as the keynote, ultra-"leftist" ideologies and discourses such as "rebellion is justified, revolution is not guilty" and "cultural attack on armed defense" are very popular, but in fact there is neither democracy nor control, and the whole country has experienced great calamities. Since the reform and opening up, it can also be divided into three stages: (1) From 1978 to 1996, the stage of restoring democracy and the legal system. Marked by the enactment of the 1982 Constitution, the General Principles of Civil Law, the Criminal Law and the Criminal Procedure Law, a series of important laws have been formulated, a series of legal reforms have been promoted, the order of social management has been re-established, basic human rights and democracy have been guaranteed, the strategic orientation for establishing a legal system for the socialist market economy has been determined, and the legalization and institutionalization of social governance have been initially realized. (2) From 1997 to 2011, the strategy of governing the country according to law was established and the socialist rule of law was initially developed. The 14th National Congress of the Communist Party of China established the "socialist market economy". In 1997, the 15th Congress of the Communist Party of China officially defined "governing the country according to law and building a socialist country ruled by law" as the basic strategy and goal of governing the country. The principles of democracy, human rights protection, judicial independence and procedural fairness of the modern rule of law have begun to be embodied in the legal system, and the authority of the law is increasingly safeguarded and respected by the ruling party and the vast number of organs. With the establishment of governing the country according to law and building a socialist country ruled by law as the basic strategy for governing the country and joining the World Trade Organization, it has opened up a deep-seated reform of the rule of law under the conditions of globalization. Legal values have become an important element of the national spirit and national image, legal authority is increasingly safeguarded and respected by the ruling party and state organs, and the principles of rule of law (such as protecting human rights, limiting public power, procedural fairness, etc.) are reflected in the construction of the legal system and the implementation of the law. (3) Since 2012, in an all-round way to promote the new stage of governing the country according to law and accelerating the construction of a rule-of-law China, the 18th National Congress of the Communist Party of China, especially the Third and Fourth Plenary Sessions of the 18th CPC Central Committee, have made comprehensive strategic arrangements for China's legal reform and rule of law construction. In November 2012, the 18th National Congress of the Communist Party of China, while laying out the general task of building a moderately prosperous society in an all-round way, called for "comprehensively promoting the rule of law and accelerating the construction of a socialist country under the rule of law". The report of the 18th National Congress of the Communist Party of China aims to build a moderately prosperous society in an all-round way, focusing on the issue of comprehensively promoting the rule of law; The Third Plenary Session of the 18th CPC Central Committee decided to call for comprehensively deepening reform, expounding the basic contents of promoting the construction of a rule-of-law China from point to point; The Fourth Plenary Session of the 18th CPC Central Committee scientifically stipulates the basic principles, work layout and key tasks of comprehensively governing the country according to law, from points and lines to areas and bodies; The Fifth Plenary Session of the 18th CPC Central Committee focused on the basic completion of the rule of law economy, the construction of a rule of law society, especially the rule of law government, from static to dynamic, from overall strategic layout to decomposition of tasks and implementation, and described the specific tasks and road map of the rule of law in the decisive stage of the strategic goal of building a moderately prosperous society. Taken together, these four meetings and the four important documents are highly consistent in spirit and complementary in content, of which comprehensively building a moderately prosperous society is the general goal, comprehensively deepening reform and comprehensively promoting the rule of law are like the two wheels of a car and the two wings of a bird for comprehensively building a moderately prosperous society, and comprehensively promoting the rule of law is an important guarantee for the first two comprehensive construction. The whole constitutes a major breakthrough in the construction and theoretical exploration of the rule of law in contemporary China, and opens a new chapter in the construction of a socialist country under the rule of law. Objectively analyzing the changes in China's political civilization process and legal discourse over the past 60 years since the founding of New China, from the rule of man to the rule of law, from emphasizing dictatorship to emphasizing "governing the country according to law and building a socialist country under the rule of law", highlights the important role of the rule of law as the basic framework of modern national governance, and reflects the profound transformation of contemporary China's national governance concepts and governance methods. The Third Plenary Session of the Eleventh Central Committee of the Communist Party of China proposed to "carry forward socialist democracy and improve the socialist legal system", laying a key foundation for the development of the rule of law; The report of the 15th National Congress of the Communist Party of China put forward the "rule of law and building a socialist country under the rule of law", which has raised the status of the rule of law to an unprecedented level. In 2012, the 18th National Congress of the Communist Party of China made a strategic deployment to comprehensively promote the rule of law, and the Third Plenary Session of the 18th Central Committee further regarded "improving and developing the socialist system with Chinese characteristics, and promoting the modernization of the national governance system and governance capacity" as the overall goal of comprehensively deepening reform, emphasizing that "to build a rule of law China, we must adhere to the rule of law, rule of law, and administration according to law, and adhere to the integrated construction of a country ruled by law, a government ruled by law, and a society ruled by law", which is the third major breakthrough in the history of socialist rule of law construction in contemporary China. It has opened a new chapter in the construction of the rule of law in China. 3. From China's rule of law to rule of law, "rule of law China" is an upgraded and innovative version of a country ruled by law. It is not only a profound summary of the past experience in the construction of the rule of law, but also a scientific positioning of the future goal of the construction of the rule of law. It not only respects the universal law of the development of the rule of law, but also links with the actual national conditions and public opinion, and is the product of the creative transformation of the rule of law path, rule of law theory and rule of law system after the general principle of rule of law and the practice of rule of law in China. In this expression, "rule of law" is a universal concept and "China" is a special concept, and the combination of the two reflects the profoundness and complexity of the theory and practice of building a "socialist country under the rule of law with Chinese characteristics". It places special emphasis on solving China's current practical problems, emphasizing the awareness and subjectivity of deeply understanding China's national conditions, emphasizing the Chinese model and Chinese experience of modernization, and emphasizing the theoretical self-confidence, institutional self-confidence and road self-confidence in building socialism with Chinese characteristics. It is of far-reaching significance to building China's rule of law model, exploring the path of rule of law, inspiring China's spirit, enhancing national cohesion, and creating a new situation in China's rule of law construction. The British philosopher Bertrand Russell said in his 1928 book Skepticism: "China is the exception to all rules. Hegel was also paraphrased as saying: "China is the exception of all exceptions, and Western logic will not work as soon as it reaches China." "Regardless of whether he is deliberately belittling China, he at least reminds us that the difficulty of building the rule of law in China is not the difficulty of building a Western-style rule of law." Due to the "exceptions" of the problem, context and context, it is neither necessary nor possible for China to build a Western-style rule of law, but only a Chinese-style rule of law, that is, a rule of law in China. The construction of a rule of law in China contains the historical responsibility and sacred mission of striving for the realization of the Chinese dream of rule of law, and is an urgent requirement for realizing the ideal of democracy and rule of law that generations have Chinese been determined to pursue. Although it faces many difficulties and challenges, and the specific content will increase with the development of the times, it will inevitably reflect the essential requirements of socialism with Chinese characteristics, the requirements of the times of reform, opening up and modernization, the requirements of the national conditions that are internally unified and multi-layered, the cultural requirements of inheriting the excellent traditions of Chinese legal culture and drawing on the achievements of human legal civilization, and the development requirements of dynamic, open and advancing with the times. It embodies the goals and requirements of consolidating the country's long-term peace and stability, ensuring that the people live and work in peace and contentment, safeguarding social fairness and justice, and building a moderately prosperous society in an all-round way. The construction of rule of law in China is based on the premise of abandoning the spirit of good law and good governance, and integrating the core socialist values into the rule of law system, which is conducive to realizing the fundamental transformation from management to governance, so that the level of governance and the status of a major country are simultaneously improved, and reform and development are promoted in a stable and coordinated manner. The rule of law is the carrier, method and necessary element of governance, and the pursuit of good law values contained in the rule of law complements governance. Whether it is party governance, government governance, or social governance, the rule of law plays an irreplaceable and important function. It is in this sense that China under the rule of law and a prosperous and strong China, a democratic China, a civilized China, a harmonious China, a beautiful China, and a safe China complement each other, and jointly weave a beautiful vision of building a moderately prosperous society in an all-round way. In today's ever-changing social environment, facing modernization, facing the world, and facing the future, every small progress in the construction of the rule of law will drive the entire society to make great strides, and our overall institutional framework, in this process, will also become more scientific and stable, and achieve scientific development of the social economy. The responsibility of unremittingly promoting the progress of democracy and the rule of law, and unswervingly building a prosperous, strong, democratic, civilized, and harmonious modern socialist country falls on the shoulders of all the people under the leadership of the Party. Comprehensively promoting the rule of law will certainly continue to play a greater role in ensuring social stability and harmony. The ancients said: "If the law is good under the world, the world will rule; If the law is good in one country, it is governed by one country. Interpreting this sentence today means that under the strong leadership of the Party, we can adhere to the path of socialist rule of law with Chinese characteristics, continuously improve the socialist rule of law system with Chinese characteristics, and finally build a rule of law China, so that it not only embodies the universal values of human democracy and rule of law, but also has Chinese historical and cultural characteristics; It not only embodies the character of "good law", but also contains the essence of "good governance", realizes the modernization and rule of law of national governance, and ultimately is trusted by all countries in the world, yearned for by the people, and has advanced, civilized and referenceable nature, so that it can be invincible in national competition and let the Chinese nation stand proudly among the nations of the world in the future. Looking ahead, we are indeed more hopeful!(AI翻译)

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GB/T 7714-2015 格式引文
冯玉军.中国法治的道路与特色[M].北京:中国社会科学出版社,2017
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冯玉军.中国法治的道路与特色.北京,中国社会科学出版社:2017E-book.
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冯玉军(2017).中国法治的道路与特色.北京:中国社会科学出版社
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