论依宪治国背景下建构现代法治政府的路径选择

Discussion on the Path Choices for Building Modern Government Ruled by Law in the Background of Governing the Country by Constitution

依宪治国就是严格遵守和落实宪法中的相关规定,发挥宪法在治国安邦中的总章程作用。我国建立法治政府是落实依宪治国的重要配套措施之一。我国的法治政府构建历经60余年,尽管取得了一系列瞩目的成就,但也面临着诸如路径选择不明、本土法治资源缺失、违宪审查制度虚化、既有立法"权责失衡"等一系列困难和挑战。为了应对这些问题,必须采用现代化的思维方式,即大胆地进行道路创新、理论创新、制度创新,方为建构中国特色社会主义法治政府的有效路径。

Governing the country by constitution means that relevant rules in the constitution should be followed and carried out strictly so as to give play to the function of the constitution＇s general regulation in running the country and bringing peace to the people. In China,setting up a government ruled by law is one of the important supporting measures to carry out governing the country by constitution. The work of building the government ruled by law in China has undergone more than 60 years,and although a series of evident achievements have been attained,there exist also some difficulties and challenges in the process： unidentified path choice,deficiency of native legal resources,emptiness of censorship for violating the constitution,the unbalance of rights and liabilities in existing laws etc. In order to deal with these problems,it is necessary to adopt modern way of thinking,which means bravely making road innovation,theory innovation and system innovation,and then find an effective way to construct the government ruled by law with Chinese socialist characteristics.