摘要
世界上自下而上的内生型和由外而内的移植型两种法治现代化模式均不适用于中国,前者在中国因近代帝国主义的侵略而中断,后者因其结果导致中国沦为西方附庸国而不能被中国所接受。党的十八大以来创造的以全面从严治党带动全面依法治国的方式,是历史的选择和现实的要求,是全面依法治国坚持正确政治方向的要求,是全面依法治国须有人事组织保证的要求,是率先建成法治政府目标的要求,是提高我国司法公信力的要求,是法治重在约束执政权普遍规律的要求。实践已经证明,以全面从严治党带动全面依法治国的中国式法治现代化不仅必要,而且可行、有效,主要表现为:中共中央成立的中央全面依法治国委员会,在推进全面依法治国中很好地发挥了总设计师、总规划师、总指挥、总工程师和总监理师的作用;按照依规治党和依法治国相结合的执政原则,全面从严治党和全面依法治国贯通了执纪和执法,使执政者保持廉洁公正;通过建立健全党内法规体系,带动我国法治各个领域的发展。中国共产党人探索出来的以全面从严治党带动全面依法治国的中国式法治现代化道路,为发展中国家如何通过政党驱动法治现代化提供了中国方案。认真研究中国政党驱动型法治现代化的理论与实践,丰富发展人类社会的法治理论,是作为世界上最大发展中国家的中国责无旁贷的历史使命。
Both types of rule-of-law modernization in the world,i.e.the endogenous one from bottom to the top and the one of transplantation from outside,do not apply to China.The former was interrupted by the aggression of imperialism in the recent history,while the latter can not be accepted by China due to its result of reducing China a vassal to the West.The approach of promoting the law-based governance of the country in a all-around way through the full and strict governance of the Party,which has been created since the 18th National Congress of the CPC,is a historical choice and a realistic requirement,a requirement that correct political direction should be upheld for the overall law-based governance of the country,a requirement that personnel organizations should be guaranteed for the law-based governance of the country,a requirement of the goal of taking the lead in building a law-based government,a requirement of improving judicial credibility in China and a requirement of the general law that the rule of law is focused on restricting the administrative power.The practice has proved that the Chinese path to modernize the rule of law of promoting the overall law-based governance of the country through the full and strict governance of the Party is necessary,feasible,and effective,which is mainly manifested as follows:the Commission for Overall Law-Based Governance established by the Central Committee of the CPC has played roles of the chief designer,the chief planner,the chief commander,the chief engineer,and the chief supervisor in promoting overall law-based governance of the country;under the ruling principle of combining rules-based governance of the Party with law-based governance of the country,the full and strict governance of the Party and the overall law-based governance of the country connect the enforcement of disciplines and the enforcement of laws,making those in power maintain the integrity and impartiality;through the establishment and improvement of the system of Party rules,the rule of law in vari
出处
《政治与法律》
CSSCI
北大核心
2022年第12期2-19,共18页
Political Science and Law
关键词
政党驱动型法治
全面从严治党
全面依法治国
中国式法治现代化
Party-driven Rule of Law
Full and Strict Governance of the Party
Overall Law-based Governance of the Country
Chinese-style Modernization of the Rule of Law