全面依法治国新时代的法治规范渊源

On the Sources of Rule of Law Norms in the New Area of Law-based Governance in All Respects

“法治规范渊源”是在全面依法治国新时代应运而生的原创性概念,是习近平法治思想体系中具有标志性的理论成果之一。它囊括了依法治国、依规治党、社会治理、科技治理等多领域的规范形态,具有多元性、复合性、统一性、开放性,使法概念、法思维、法体系发生了历史性理论变革。由法治规范渊源有机构成的法治规范体系主要由四个支柱所支撑,即以宪法为核心的国家法律规范体系、以党章为核心的党内法规制度体系、以公序良俗为核心的社会自治规范体系、以算法伦理为核心的科技伦理规范体系,它们构成了全面依法治国的重要依据和基本遵循。对法治规范渊源和法治规范体系予以准确定位和科学阐释,是新时代中国特色法学基本理论创新发展的必然要求。

“The sources of rule of law norms”is an original concept that emerged at the historic moment in the new era of law-based governance in all respects and one of the landmark theoretical achievements in the system of Xi Jinping Thought on the Rule of Law.It covers the rule of law,rule-based governance over the CPC,social governance,scientific and technological governance,and other normative fields.It has diversity,complexity,unity and openness,which has brought about historic theoretical changes in the concept,thinking and system of law.The system of rule of law norms,which is organically composed of the normative sources of rule of law,is mainly supported by the four pillars,namely the national legal norms system with the Constitution as the core,the inner-party laws and regulations system with the Party Constitution as the core,the social autonomy norms system with public order and good customs as the core,and the scientific and technological ethics norms system with algorithmic ethics as the core,which constitute an important basis and basic compliance for law-based governance in all respects.Accurate positioning and scientific interpretation of the sources and system of the rule of law norms is an important aspect of the innovation of the basic theory of law with Chinese characteristics in the new era.