再论“法律至上”

Reargument of "the Supremacy of Law"

中共十六大政治报告中,再次把依法治国,建立社会主义法治国家作为中国共产党人在新的历史时期治国的基本方针加以确认。依法治国的理念已深入人心。而要确立依法治国的治国理念,就必须树立起法律至上的观念,它是实现现代法治的观念基础,也是评价现代民主政治国家的基本准则。对于法律至上观念的理解,不仅要从法律自身来理解,而且要从社会关系的层次上,从人们的理性选择等角度进行深层次的考虑。正试图从现代法治的理性选择的角度论证这一问题。

In the political report of 16th convention of China Communist Party, Legal fathering the nation and constructing socialistic nomocracy nation are confirmed as the basic guide line to fathering the nation of China Communist Party in the new ear. Legal fathering the nation, as a kind of fathering conception, has been deeply trustful by most people. Before confirming the conception of legal fathering the nation, First of all, we should build up the conception of 'the supremacy of law'. The conception of 'the supremacy of law' is the concept basic to achieving modern nomocracy, furthermore, it is the basic rule to appraising modern democracy nations. To entirely understand the conception of 'the supremacy of law', we should not only by the law itself but also by social relationships and the rational choice of human beings'. This issue is trying to demonstrate the question by the rational choice of modern democracy.