依规治党与依法治国的关系
王若磊依规治党与依法治国的关系
Relationship Between Rule-based Party Governance andLaw-based State Governance in China
期刊名称：《法学研究》
期刊年份：
作者：王若磊
单位：中共中央党校政法部
中文关键词：依规治党;依法治国;党内法规;从严治党;政党与法治
英文关键词：rule-based Party governance;law-based state governance;intra-Party laws and regulations;strengthening Party self-discipline;Party and rule of law
中文摘要：
依规治党与依法治国的关系问题在当前语境下关乎法治中国道路的前途。回答这一问题，重点是要正确认识党在法治中国建设中的地位，正确理解依规治党缘何成为依法治国的关键，努力探索依规治党和依法治国如何进行对接。现实中存在着不同的法治发展道路，而政党主导下的法治模式本质上由法治的政治性所决定，它要求后发法治国家在法治秩序建构中存在权威作为动力机制和保障装置。在保障权威的前提下实现权威守法，首先需从执政党内部严格依规治党做起，因此依规治党是依法治国的关键。然而，依规治党并不等同于依法治国，实现二者对接，要不断提高依规治党的法治化水平，以及不断提高依规治党与依法治国的系统兼容性和机制协调性。
英文摘要：
The relationship between rule-based Party governance and law-based state governance is an issue that affects the future development of the rule of Law in China. To properly deal with this issue, China must answer the following three fundamental questions:what is the role played by the Party in the construction of the rule of law in China? Why is rule-based Party governance the key to law-based state governance? And how to establish a linkage between the two? There are different roads to the development of the rule of law in the world. The Party-led paradigm of the rule of law is determined by the politics of the rule of law. It requires an authority to act as the driving and safeguarding mechanism for the development of the rule of law in developing countries. The most feasible and effective way of ensuring the observance of law by the authority under the precondition of guaranteeing the authority is to build a strict rule-based internal Party governance system. Rule-based Party governance is the key to law-based state governance because it conforms to both the broad and the narrow conceptions of the rule of law, and it is also the most plausible way to control the most powerful political organ in China today. However, rule-based Party governance is not equal to law-based state governance. In order to establish a linkage between the two, it is necessary to continuously raise the rule-of-law level of the rule-based Party governance.
全文阅读： 点击下载
