新时代中国特色社会主义法治理论的宏观解读——以十九大报告文本为中心

Analysis of the Theory of Socialist Rule of Law with Chinese Characteristics in the New Era:Focus on the Report of the 19th National Congress of the CPC

新时代中国特色社会主义法治理论即全面依法治国战略思想,作为习近平新时代中国特色社会主义思想的重要组成部分,其是中国共产党人理论联系实际将马克思主义法学理论中国化的最新理论成果,是对中国法治实践过程、实践经验的理论总结,是中国共产党团结带领全国各族人民走中国特色社会主义法治道路所必须坚持的行动指南,是中国法治建设和法治发展的新理论。党的十九大报告赋予了中国特色社会主义法治理论以"新时代"的内涵:为法治中国目标的实现进行了顶层设计;全面依法治国上升为国家基本方略;"树立宪法法律至上"这一法治理念是对"三个至上"理论的修正,属于对社会主义法治国家内涵的进一步准确把握,对推进法治中国建设具有里程碑式意义。新时代社会矛盾论为法治建设指明了建设和发展方向、提供了新的判断标准;其余诸如"依法立法""以良法促善治""成立中央全面依法治国领导小组""推进合宪性审查工作"和明确党组织不具有超越宪法法律特权,也是新时代中国特色社会主义法治理论对原先法治理论的丰富与发展。

The theory of the socialist legal system with Chinese characteristics in the new era is equal to the strategy of ruling the country by law comprehensively.It is an important part of the socialist ideology with Chinese characteristics in the new era.It is the latest theory of the sinicization of Marxist jurisprudence put forward by Chinese communists and the result from a theoretical summary to the process and practical experience of the rule of law in China.It is a guiding principle for the CPC to unite and lead the people of all ethnic groups across the country on the socialist road rule by law with Chinese characteristics.It is a new theory come from the development of China's legal system and rule by law.The report of the 19th National Congress of the CPC confers the connotation of"new era"on the theory of the rule by law of socialism with Chinese characteristics:It is the top-level design for the goal of rule by law in China,and promoting the rule by law to the basic national strategy,and the concept of the rule by law is an amendment to the"three supermes"theory which belongs to a further accurate grasp of the connotation of a socialist country ruled by law.It is a milestone in promoting the rule by law in China.The theory of social contradictions in the new era has pointed out the direction and provided new criteria for judgments to the construction and development of the rule by law.The rest is also a new enrichment and development to the original socialist theory of the rule by law in the new era which include"lawmaking in accordance with the law","promoting good governance by good laws,""establishing a central leading group for law-based governance","prompting constitutionality review"and"emphasis on party organization does not have the privilege of transcending constitutional laws".