摘要
制度体现并制约着国家物质文明、精神文明所能达到的最高水平。作为现代制度文明的根本体现,法治通过完善的制度有力推进国家治理体系和治理能力现代化。纵观中国制度发展进程,虽有过多次"变法",但皆因机制缺陷、动力不足等明显局限而成效不显。国家治理体系和治理能力现代化本质上是法治化。全面深化改革固然需要勇于突破,但必须依赖法治思维和方式,坚持依法"变法",先立后破,确保法治全程参与,在法治的轨道上推进经济体制、政治体制、文化体制、社会体制、生态文明体制、党的建设制度改革以及深化国防与军队改革,保证改革举措与法律立、改、废同步推进。
System reflects and restricts the highest level which the material civilization and the spiritual civilization of a country can achieve. As the fundamental revelation of modern system civilization, rule by law greatly promotes the modernization of governance system and governance capacity of a country through perfect system. Throughout the developmental progress of system of China, although there have been several " political reforms", their results are not so notable due to obvious restrictions such as mechanism defects and insufficient motivation. The essence of the modernization of governance system and governance capacity of the country is legalization. While fully deepening reform certainly needs the courage to break through, it must rely on the mode of thinking of rule by law, stick to the "political reform" according to law, and adhere to the practice of establish first and then abolish. It must be assured that rule by law participates all the way, and reform of economic system, political system, cultural system, social system, ecological civilization system and the Party building system is promoted, and reform of national defense and the army is deepened on the way of rule by law. Reforms shall be promoted together with the establishment, reform and repeal of laws.
出处
《中国法学》
CSSCI
北大核心
2014年第6期25-39,共15页
China Legal Science