从“以法治国”到“依宪治国”--中国共产党法治方略的历史演进和未来面向

From the "Rule of Law" to the "Rule of Constitution" ——The Evolution and Future of the CPC's Strategy of the Rule of Law

依法治国是中国共产党治国理政的基本方略。中国语境下的"法治"必须与党的领导和人民当家作主相结合,这是由中国的权力维度和秩序所决定的。中国共产党法治观的演进呈现为曲折前进的轨迹,先急于建立新秩序,后彻底否弃法制,再恢复和健全法制,最终确立法治为治国理政的基本方略,强调依宪治国是依法治国的关键。依法治国为当下的全面深化改革提供了最佳的表达载体和实施机制,中国共产党若遵循"法治改革观",着力在维护宪法权威、依法执政和完善人民代表大会制度、保障公民权利与自由、确保司法公正等关键面向加以推进,则依法治国势必将为深化改革释放丰厚的红利。

The rule of law is the basic strategy of the CPC for governing China. In the Chinese context, the ＂rule of law＂ must be integrated with the leadership of the CPC and the position of the people as masters of the country, which is decided by the characteristics of power and order in China. The CPC＇s concept of the rule of law has encountered twists and turns in its evolution process. At first, it was eager to build a new order, then abandoned law completely, and finally restored and improved the legal system, with the rule of law being established as the basic strategy for governing the country and the rule of constitution being made the key to the rule of law. The rule of law provides the optimal communication medium and implementation mechanism for the current efforts to deepen reform comprehensively. As long as the CPC sticks to the ＂rule of law reform＂, works hard to maintain the authority of constitution, governs the country according to law, improves the system of people＇s congresses, safeguards the rights and freedom of citizens, and ensures justice in the judicial system, the rule of law is bound to benefit the deepening of reform enormously.