论依宪治国与依法治国的关系

On the Relationship between Governing the Country According to the Constitution and According to Law

依宪治国与依法治国均是新时代我国的治国方略,二者具有紧密的联系,也有一定的区别。依宪治国主要确定治国理政的基本模式,依法治国主要确定治国理政的途径、手段;依宪治国为依法治国确定目标、方向,依法治国为依宪治国提供保障;依宪治国主要解决国家权力的配置方式以及国家权力与公民权利的宏观设计问题,依法治国主要解决国家权力的具体行使方式以及公民权利具体实现途径的问题;依宪治国和依法治国都要求执政党依宪执政,但依宪治国与执政党依宪执政有更密切的联系;依宪治国保障机制的主要方式是特设的合宪性审查制度,依法治国保障机制的主要方式是一般的合法性审查制度。

Governing the country according to the constitution and governing the country according to law are the strategies of China in the new era. The two have close ties and certain differences. Governing the country according to the constitution is mainly the basic mode of governing the country,and governing the country according to law is mainly to determine the ways and means of governing the country;Governing the country according to the constitution is the goal of governing the country according to law,and governing the country according to law provides guarantee for governing the country according to the constitution;Governing the country according to the constitution is mainly to solve the problem of the allocation of state power and the macro design of state power and civil rights,and governing the country according to law is mainly to solve the specific form of state power and the specific ways of realizing civil rights;Both governing the country according to the constitution and governing the country according to law require the ruling party to be in power according to the constitution,but the former has a closer relationship with the ruling party’s constitutional rule;The main way to protect the country according to the constitution is the Ad hoc Constitutional Review System,and the main way to protect the country according to law is the general legitimacy review system.