中国法治化的政治基础和路径选择

Political Principles For The Process Toward Rule Of Law And The Choice Of Paths In Contemporary China

当代中国法治化进程是一个由“完善法制”到“实现法治”的转变过程。法治的政治基础中有若干的普适性原则 ,如民主合法性、权力制约、政治文化等 ,但这些原则必须立足中国法治化的历史与现实 ,才能形成中国法治的具体实践模式。基于这样的中国背景 ,中国法治化的现实路径必然有其特点 :在民主政治与权力制约的法治体制选择上 ,应以中国基本政治规范为基础 ,以规范党政关系为核心、提升人大的地位和作用为现实切入点 ;在法治的文化建设上 ,应立足中国的国情 ,把握现代先进的法治文化的精神实质。

The process toward rule of law in contemporary china is advancing from the stage of 'constructing legal system'to stage of'realizing rule of law',and rule of law requires not only exact legal system but also some development in political areas.There are some general political principles concerning rule of law,which includes political democracy,check and balance of powers and culture of citizens.Only these principles be applied basing on the history and reality of chinese politics,can the practical pattern of rule of law in china be established.Under the chinese background,the realistic choice of paths toward rule of law must have its own characteristics:As for choice of democratic politics and political system,it should base on the fundamental political regimes,with the standardization of relationship between CPC and government as the key issue and enhancement of status and role of political culture,the process should comply with not only the chinese special background but also the spirit and essence of modern and davanced cultures of rule of law.