浅析“依法治国”基本方略内涵

On Connotation of"Rule of Law"

从建设"法制国家"到建设"社会主义法治国家",是治国理念的质的飞跃。"社会主义法治国家"的科学内涵,就是"主权在民"、"权自法出",表现为人民是法治的主体。法治的根本在于人民通过自己的代表,制定"善法良制",以人民的权利通过立法授予政府权力并制约这种权力。法治的重点在于"依法治官"和"依法治权"。依法治国的"国"是一个政治法律概念而不是地域空间概念,离开马克思主义国家观理解"依法治国",就会把依法治国基本方略狭隘地理解为仅仅只是依法行政。

From constructing ＂Legal Country＂ to ＂Socialism Country Ruled of Law＂ is a qualitative leap of idea of running the country, The scientific connotation of ＂Socialism Country Ruled of Law＂ is ＂Sovereignty of People＂ and ＂the Power Standing under the Law＂, and it shows that people should be the body of rule by law. The key of ＂Rule of Law＂ is that people enacts the good laws by its delegation and confer the government the power and restrict it by legislation. The emphasis of ＂Rule of Law＂ is to ＂govern the official by law＂ and ＂govern the power by law＂. The country should be a politic concept not a special concept and ＂rule by people＂ should be turned to ＂rule the people＂ if we understand the ＂Rule of Law＂ without the guidance of Marxism idea of nation.