依法治国：基础、功能和途径

The Rule of Law:Foundation,Function and Path

随着人类文明程度的提高和制度的完善,国家治理方略逐步从人治转变为法治。依法治国的前提是系统完整的国家法律体系,后者直接来源于系统完整的制度体系,而制度体系根源于和取决于人类文明的演进和成就,所以依法治国的基础就是发达的文明和完善的制度。就中国改革开放以来依法治国实践看,随着五大文明体系的构建及其制度体系的完善,中国的国家治理也必然选择依法治国。依法治国具有重要的经济、政治和社会功能:一国法治水平的提高,不但有利于该国降低税率进而减少税收对经济的扭曲,而且有利于该国提高公共支出,这两者的共振促进了该国经济增长、政治进步与社会和谐。

With the improvement of human civilization and the perfection of institution, national strategy for governance gradually shifts from the rule of man to the rule of law. The systematic and integral national legal system is a prerequisite for the rule of law, the kind of legal system directly originates from the systematic and integral institution which comes from and depends on the evolution and achievements of human civilization, and therefore developed civilization and perfect institution are the foundation of the rule of law. According to the practice of the rule of law since China＇s reform and opening, with the construction of the five civilized system and the improvement of its institution, China＇s governance will inevitably choose the rule of law. The rule of law has important political, economic and social functions. The simulations of model shows that increasing levels of a country＇s rule of law, not only help to reduce the country＇s tax rates and thus reduce tax distortions in the economy, but also help to improve the country＇s public expenditure, therefore, promote the country＇s economic growth, political progress and social harmony.