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。
This article creatively proposes the conception of＂ well-off society based on the rule of law＂ through interpreting the new requirements of the rule of law construction for a well-off society in the report of the 18th National Congress of the Communist Party （NCCP）, that is ＂the rule of law of national work＂, ac- cording to the basic augments on rule of law and a well-off society in the report of the 18th NCCP. The author points out in the article that the ＂well-off society based on rule of law＂ is the expectation and requirement for the aspects of the situation of constructing the ＂rule of law＂ and the social development objectives of a ＂well- off society＂. The author points out the minimum requirement for the level of the rule of law of ＂legalization＂ proposed by ＂well-off society＂, including the basic appropriateness and balance between ＂supply＂ and ＂de- mand＂ of the rule of law through the basic connotation of the value of ＂the rule of law＂ and the minimum sys- tem and behavior requirements for ＂legalization＂, mutual coordination between different laws, especially the ＂unification＂ of legal system per se, absolutely denying the rule of man, carrying forward the rule of law and actually realizing the value objective of ＂supremacy of constitutional law＂ through carrying out the basic strate- gy of governing the nation according to law, condensing the spirit of rule of law of the form of ＂the rule of law culture＂ through ＂the rule of law thinking＂ and ＂the rule of law way＂ and etc. This article also comprehen- sively explores the development process of the value connotation of ＂the rule of law＂ in China from gradual e- mergence, improvement to maturity since the third plenary session of the 11 th central committee of the Commu- nist Party and points out the fact that ＂governing the nation according to constitutional law＂ and ＂managing state affairs according to constitutional law＂ are an importance objective and opportunity of the development strategy for the rule of law, which is the only way to realizing ＂the rule of law of a well-off society＂.
出处
《中国法学》
CSSCI
北大核心
2013年第1期30-38,共9页
China Legal Science
