“法治中国建设”背景下党领导立法的几点探讨

Some Opinions on Legislation Led by the Party in the Context of "China's Construction of Rule of Law"

党的十八届三中全会提出了"推进法治中国建设"的新命题。推进"法治中国建设",是一项系统工程,涉及国家、政府、社会领域的方方面面,需要立法先行,需要党的领导,也需要发挥体现人民群众意志的人大的作用,共同推进依法治国、依法执政、依法行政,坚持法治国家、法治政府、法治社会一体建设。基于此,文章对法治中国建设背景下党领导立法的以下几个问题作了探讨:党的领导是"法治中国建设"题中应有之义,党领导立法的原则、特点和途径,党的领导与人大立法间的关系,党领导立法之完善。

The Third Plenary Session of the 18th CPC Central Committee put forward the new proposition of ＂boosting China＇s construction of rule of law＂ . Boosting ＂China＇s construction of rule of law＂ is a systemic project that involves every aspect of the country, the government and the society. Among its prerequisites are legislation, the Party＇s leadership, and the full play of the role of National People＇s Congress （NPC） which is the embodiment of the masses＇will. In combination, these elements will boost the rule of law, law-based governance and law-based administration, and contribute to the integrated construction of law-based country, law-based government and law-based society. This article probes into the issue of legislation led by the Party in the context of China＇s construction of rule of law and focuses on the following aspects： the Party＇s leadership as the core of ＂China＇s construction of rule of law＂; the principles, features and approaches of legislation led by the Party; the relationship between the Party＇s leadership and NPC legislation; and the improvement of legislation led by the Party.