中国共产党依宪治国的探索与实践

On Ruling of Constitution: Exploration and Practice of the Communist Party of China

党的十八届四中全会作出了《中共中央关于全面推进依法治国若干重大问题的决定》,明确提出"坚持依法治国首先要坚持依宪治国,坚持依法执政首先要坚持依宪执政",将保障公民上的基本权利和坚持人民的主体地位等作为依宪治国的深层次内涵,并特别强调在坚持中国共产党领导的前提下要确保"党在宪法法律范围内活动"。然而作为中国特色社会主义法治建设的重大理论突破,依宪治国的提出与实践也并非是一帆风顺的。实际上,自革命根据地时期《中华苏维埃共和国宪法大纲》的颁布到党的十八届四中全会"依宪治国"的提出,中国共产党对于"依宪治国"的探索经历了一个漫长而曲折的过程。

The Communist Party of China passed ＂ The Central Committee of the Communist Party of China＇s decision on a number of major issues in the overall promotion of ruling of law＂ in the fourth Plenary Session of the 18th CPC Central Committee. It made clear that adhering to ruling and governing of law must adhere to ruling and governing of Constitution ; take guaranteeing the basic rights of the citizens and adhering to the main body of the people as the deep connotation of ruling of Constitution; stress particularly the party＇s activities within the Constitution and law under the premise of adhering to the leadership of the Communist Party of China. However, as a major theoretical breakthrough in the Socialist legal construction with Chinese characteristics, the proposal and practice of ruling of Constitution are not a smooth sailing. In fact, from the promulgation of the Constitution of the Chinese Soviet Republic during revolutionary times to the proposal of ruling of Constitution in the fourth Plenary Session of the 18th CPC Central Committee, the Communist Party of China has experienced a long and tortuous process for the exploration of ruling of Constitution.