摘要
法治乃良法之治,恶法非法,避免和排除恶法也是法治的重要任务。只有良法才能实现善治,良法有七个标准,善治有九幅图景。法治乃宪法之治,宪法之治的核心是限权和护权。限权主要有三种途径:宪法设置权力机构并进行权力分工;通过违宪违法审查把权力和掌权人关进制度的笼子里,对规范性文件进行合宪性和合法性审查;基本权利的充分享有和实现,既可制约权力,也可激活社会。变政府指导下的市场经济为法治统治下的市场经济,改变法定权利有些仍未转化为实有权利,应有权利反而已转化为实有权利的尴尬局面。法的统治是人民为主体的统治,人民意志与党的意志是一致的,党领导人民制定宪法和法律,党和人民则必须遵守符合自己意志的法律。法治为民主之治和众人之治,人性恶,人非圣人,因而一人之治不可靠,法治优于人治和一人之治。
he rule of law means rule by good law, avoidance and exclusion bad law is an important task of rule of law, as bad law is illegal. Only through good law can achieve good governance, good law has seven stand- ards, good governance has nine prospects. The rule of law means the rule by Constitution, which takes the pow- er restriction and right protection as the core. There are three main ways to restrict the power:setup the institu- tions of power and divide their power by Constitution,lock the power and the holder of power in a cage by the mechanism of constitutional review, review the normative documents in standard of constitutionality and legali- ty. Fully enjoy and achieve fundamental rights can restrict the power and activate the society, also can change the market economy guidance from government to rule by law. We should overcome the embarrassing situation of legal rights not yet been changed into practical right, while proper right has already made it. The rule of law means people are the subject of governance. As the will of people and the Party is the same, the Party lead the people to make Constitution and law, that the Party and the people must abide the law which reflects their own will. The rule of law is better than the rule of elites, as the rule of law means democratic and public govern- ance, also human nature is evil and people are not saints.
出处
《河南财经政法大学学报》
2015年第1期22-33,共12页
Journal of Henan University of Economics and Law
关键词
法治
良法之治
宪法之治
人民主体
rule of law
rule by good law
rule by Constitution
subject of people