“依法执政”考辨

Analysis of “Ruling According to Law”

依法执政是一个复杂的政治与法律问题。执政是一种介于国家与社会之间、用以连接二者的活动,依法执政在西方国家与社会分立的背景之下并不成为问题。在当代中国,由于政党、社会与国家之间的界限比较模糊,讨论依法执政的意义才较为突出。中国共产党必须以宪法政治、政党政治和民主政治为前提和条件,并需要解决执政党与国家的分开、调整自身地位、从政治思维转换为法律思维等难题,才能实现依法执政的基本目标。

Ruling according to law is a complicated political and legal problem. Ruling is an act which exists among the state and the society in order to connect the two. In western countries, because of the background of the separation of the state and the society, ruling according to law is not a problem. However, the boundary among the political party, the state and the society is am- biguous in modern China, so it is significative to discuss the problem of ＂ruling according to law＂. For realizing the goal of ruling according to law, it is necessary for CCP to set constitution- al politics, party politics and democratic politics as premises and conditions, and settle the prob- lems such as the separation of the ruling party and the state, the adjustment of the position of the ruling party, and the transition from political thinking to legal thinking.