邓小平法治理论与社会转型期法治建设

Deng Xiaoping’s theory about rule by law and law construction in the period of social transformation

邓小平法制理论对我国社会转型期法制建设的启迪有以下几个方面 :社会转型期法治进程是政府推进与自然演进结合型的长期过程。现代法治并不仅仅是制度问题 ,而且与生活状态、行为方式和文化模式密切相关。只有发挥两者的良性互动 ,才能推进中国法治进程 ,保障民主政治目标的实现 ;确定和培养法治精神是转型期法治建设的灵魂 ,法治的真谛是良法之治并以规约权力保障权利为首要目标 ;多元化的市民社会是法治的社会土壤 ,它能构成对国家权力的有效分解、平衡和制约 ,使现代法治真正在中国大地上生根和发展 ;公民意识是构成法治的文化土壤 ,它奠定法律信仰的基础 ,构成法治秩序的内在支撑力量。

s:Deng Xiaoping’s theory about Rule by Law has enlightened us how to construct law society. The course of rule by law during the period of social transformation is a long time which combined government’s pushing and natural society evolution. The modern concept of rule by law is no more than rules and regulation, but a living condition, a behaving standard and a culture pattern. Only by well united of those two ways, we can carry forward the course of Chinese rule of law and guarantee the accomplishment of democratic political aims. To define and to cultivate the spirit of rule by law is the essence that we need in the course of social transformation. The true meaning of rule by law is rule of law, and the first important task is to ensure the rights of agreement implementing and administration power restricted. A multi civil-society is the base of rule of law, the basic soil to analyze, to balance and to restrict national power, and to develop execution of law in China. The consciousness of citizen founds the culture background of the rule of law, and it also be a foundation for our legal conviction and be the internal power of legal order.