执政党依宪执政的政治逻辑

The Political Logic of Ruling Party Governing by Constitution

依法治国首先是依宪治国,依法执政首先是依宪执政。如何理解执政党依宪执政的政治逻辑这一问题备受关注,也是把握执政党与国家治理秩序间关系的基础。中国共产党的宪法实践符合普遍的依宪执政的三个基本条件,即存在制定良好的宪法、尊重宪法权威、保证宪法实施。作为依宪执政基础的“八二宪法”是一部制定良好的宪法,它为改革开放四十年高速发展提供了制度基础与开放空间。执政党依宪执政的观念也出现了从政治性到法律性的变迁,宪法权威逐步树立。我们的宪法还存在政治性实施与法律性实施的双轨制。宪法修订展示了其背后国家治理包含的实践导向、治理主义和政治自信三大面向。在此基础上,执政党依宪执政展现了一套自己的政治逻辑。

To rule the country by law is to govern the country by the constitution. The rule of law is first and foremost governed by the constitution. How to understand the political logic of ruling Party governing in accordance with the constitution has attracted much attention, and it is also the basis for grasping the relationship between the ruling Party and the state governance order. The constitutional practice of CPC conforms to the three basic conditions of governing by constitution, which are the establishment of a good constitution, respect for constitutional authority and guarantee of constitutional implementation. As the foundation of goveming according to the constitution, the “1982 constitution” is a well-established constitution that provides an institutional basis and an open space for the rapid development of reform and opening up for 40 years. The ruling Party's concept of ruling according to the constitution has also changed from political to legal, and constitutional authority has gradually been established. Our constitution has a dual system of political implementation and legal implementation.The revision of constitution shows three major dimensions of state governance, which are practical orientation, the governance and the political self-confidence. In this context, the ruling Party has demonstrated a set of its own political logic by mling in accordance with the constitution.