依法执政与司法审查关系的法理解读

Nomology Thought on Run the Government According to Law and Judicial Review

从某种角度来看,构建和谐社会就是要对国家中的主要权力以一种制度化的方式进行引导和规范,以形成一种国家权力秩序。就我国而言,中国共产党的执政权是历史选择,人民赋予的。如何规范化、制度化、法治化的执政是当前党和国家非常关注的问题,也是理论上需要予以解答的课题。这需要从依法执政的历史发展逻辑,执政及依法执政的含义和对党执政所依据的法的范畴从法治的角度进行分析,探讨依法执政与司法审查之间的关系,辨析其法理依据,就目前而言将执政行为进行分解是解决依法执政与司法监督关系的一条现实路径。

From a certain point,the building of a harmonious society is on the main power in the country to a systematic approach to guide and specification,to form a national power order.For its part,the Chinese Communist Party＇s governing authority is the historical choice,entrusted by the people.How to standardized and institutionalized,the rule of law in the ruling party and the country is currently of great concern,is theoretically needs to be answered.This requires from the governing of the historical development of the logic,and the ruling and the meaning of the rule of law,and on the party＇s ruling was based on the law of the substance of the rule of law in areas from the point view of analysis,study of law and the relationship between judicial review,of its legal basis,for now,will the governing conduct decomposition is the rule of law and judicial supervision of a path.