中国共产党执政合法性的法哲学思考

A Jurisprudential Consideration on the Legality of the Ruling of Chinese Communist Party

加强党执政的合法性研究,对于加强党的执政能力,巩固党的执政地位,意义重大。所谓合法性,其直接含义是一种合法律性,其第一要旨是社会公众对统治权力的一种认可、认同或赞同。中国共产党执政是历史和人民的选择,具有实质的合法性,但是,无庸讳言,由于社会转型期各种矛盾的凸现,党执政面临着合法性的种种挑战。因此,为了保持党执政的合法性,必须做到:维护宪法权威,保证党执政的合宪性与合法律性;坚持人民主权原则,保证党执政的实质合法性;以“三个代表”重要思想为指导,巩固党执政的价值合法性;完善程序性民主的制度性安排,保证党执政的形式合法性;加强对权力的监督和约束,有效地遏制腐败,消解党执政的合法性危机。

It is very important for us to enhance the ruling ability and consolidate the ruling status of CPC. So, it also makes great sense for us to further the study of the legality of rule of CPC. The first element of the legality means the acceptance, support and approval to the governing authority by the public. The leadership of the CPC is the choice of the people and history and has substantial legality. However, it goes without saying that the rule of CPC is faced with challenges because of the contradictions arising out of the drastic social transformation. As a result, we should maintain the authority of the Constitution, guarantee the rule of CPC conform to the laws and Constitution; we should also stick to the principle of popular sovereignty and maintain the substantial legality of the rule of CPC; we should perfect the procedural democratic systematic arrangements and ensure the formal legality of the rule; we should stick to the principle of 'three representatives' and consolidate the legality of the rule; we should strengthen the supervision and constraint of the power, depress the corruption and eliminate the crisis of the ruling legality.