抓住“关键少数”的宪法学思考

ON THE CONSTITUTIONAL THINKING OF THE "KEY MINORITY"

从提出抓住"关键少数"的背景出发,探讨了抓住"关键少数"所反映的公民和国家的关系,议会和政府的关系等基本的宪法问题,分析了需要处理的党规与国法关系,执政党与宪法关系等,即执政党要在宪法的范围内依法执政,要在宪法的范围内治党管党。提出了以宪法为指引,完善党内法规和现行法律的初步设想。认为这些设想是推进依法治国的必然选择,是抓住领导干部这个"关键少数"的关键举措。

Comrade Xi Jinping put forward the idea of seizing the ＂key minority＂, i.e. the leading cadres, which has aroused the hot debate in the academic world. Based on the background of the ＂key minority＂ , the paper discusses the relationship between the citizen and the country reflected by the ＂key minority＂ and other basic constitutional issues such as the relationship between Parliament and government, and it lists the relationship between the laws ＆ regulations of C. P. C. and the law of the state as well as the relationship between the ruling party and the constitution. In other words, the ruling party must govern by law and administrate the Party within the limits of the constitution. In the end, the paper puts forward the tentative idea of improving the inner party regulations and the current law under the guidance of the constitution. This is an inevitable choice to promote the management of state affairs in accordance with the law and the key initiatives to seize the ＂key minority＂ of the leading cadres.