法治构造论

On the Inner Structure of the Rule of Law

对依法治国内在构造及各构成要素之间的相互关系进行理性的价值定位 ,是依法治国方略实施过程中的一个方向性问题。权利主体与权力载体的关系就是法治社会的治者与受治者、法治主体与法治对象之间的关系。依法治国的主体只能是人民 ;其对象是国家及社会各项事务 ,其中关键是权力组织、权力行为和权力关系三大方面 ;而良法权威的绝对服从则是依法治国的基本内核与实质。

How to rationally evaluate the relationship between the inner structure of the rule of law and its components is to orientate the policy implementation of the rule of law. The relation between the subject of the power and the carrier of the power is much the same with that between the administrators and administratees in a law ruling society. The subject of the rule of law is simply the masses. Its targets are all the events in the nation and society, among which the organs of state power, power actions and power functions are the most important. However , absolute submission to the authority of good law is the fundamental essence of the rule of law.