中国法治模式建构中的政治逻辑

A Study of the Political Logic in the Construction of China's Pattern of Rule of Law

当代中国法治模式属于政府推进型法治模式中的特殊形式,即党政推进型法治。选择这一法治模式,是由中国基本国情以及随之而来的政党建设国家的模式所决定的。法治模式的形态特征与其中的政治逻辑在实践中是同构的。党政推进型法治建构中的政治逻辑有:第一,中国共产党的领导构成法治建设的政治保障。所谓政治保障主要是指法治建设所需的组织、政策、意识形态等资源供给主要是由执政党提供的。第二,领导干部这一"关键少数"构成中国法治建设的主体支撑。法治作为现代政治文明基本形态,其成长必然伴随着一个起支撑作用的主体结构。第三,政治体制的适应性改革构成法治建设的动力基础。党政推进型法治有效性的基本条件是:推进法治的党政系统本身必须是"法治"的。这主要不是指守法,而是指党政系统本身必须通过体制改革形成法治的治理结构。

The contemporary Chinese pattern of rule of law is a special form of government-boosted pattern of rule of law, or political party boosted pattern to be specific. The selection of this pattern was decided by China＇s basic national condition and also the fact that political party leads the construction of the country. The morphological features of the pattern of rule of law is isostructural with its political logical in practice. The political logics of the political party boosted pattern of rule of law are listed as following： first of all, the leadership of the Communist Party of China is the political guarantee for the building of rule of law. By guarantee, it refers that resources of the construction of rule of law like organizations, policies and ideology are provided by the ruling party. Secondly, the leading cadres （Critical Few） form the basic pillar for the construction of rule of law. As the basic formality of modem political civilization, the develop of rule of law must be accompanied by a major supporting structure. Thirdly, the adaptive reform of the political system provides driving force for the construction of rule of law. The prerequisite for the effectiveness of political party boosted pattern of rule of law is that the political party itself must be under the ＂rule of law＂. Here it doesn＇t primarily mean to be abided by law, but means that the political party system must form a governance structure of rule of law through systematic reform.