公法视野中的依法治国、依法执政、依法行政共同推进——十八届四中全会决定的战略意义、重大任务和现实课题解读

Promoting Jointly the Rule of Law,Ruling by Law and Governing by Law in the Perspective of Pubic Law——The Interpretation of the Strategic Significance,the Important Tasks and Realistic Subjects of the Decisions by the 4th Conference of the 18th NCCPC

本文对制定十八届四中全会决定、全面推进依法治国方略的宏观背景和战略意义试做分析,深感其提出了深入改革发展新时代的战略方针和基本目标;对十八届四中全会决定强调的"依宪治国"、"依宪执政"做力图深入的解读,深感其特殊意义在于强调了必须坚持数十年中国特色社会主义改革发展道路取得的探索成果和前进路向;逐项探讨十八届四中全会决定在法制建设新十六字方针的基础上提出六项重大任务的综合考量和基本内容,重点探讨易被忽视、易生歧见的依法执政与依法治国方略的辩证关系,深感四项目标性任务和两项保障性任务都颇具新意、极为宏大、非常艰巨;尝试分析了深入推进依法行政、加快建设法治政府须要省思的若干认识问题,深感观念更新是制度创新的认识基础和思想先导,坚持共同建设、法治中国的路向是实现中国梦的可靠保障。

According to the macroscopic background and the strategic meanings of the formulation of the Decisions by the 4th conference of the 18th NCCPC, and the promoting of rule of law comprehensively, it actually proposes the strategy and the basic objectives of the new era of deeper reform and development. As the rules of governing and ruling by Constitution being focused on, the special meaning is that it emphasizes the exploration achievements and forwarding direction of the Chinese characteristic socialist road of reform and development. Discussing the six major objectives based on the sixteen words policy, especially the dialectical relationship between governing by law and rule of law which is easily overlooked and prone to disagreement, the author indicates that the four objective tasks and two supplementary tasks are innovative, grand and difficult. After analyzing the problems of promoting the rule of law and the government by law, the author concludes that the renewing of thoughts is the basis and forerunner of regime innovation, and the road towards a China with rule of law is the reliable guarantee of realizing Chinese dream.