法治体系的构成及其时代价值

The Constitution of Legal System and Its Value of the Times

“十八届四中全会”文件没有对何谓法治体系作出明确说明。通过仔细研读相关著作可以发现,在《全面依法治国决定》“全面依法治国总目标详述”(以下简称“详述”)中的法律规范体系、法治实施体系、法治监督体系、法治保障体系、党内法规体系就是作为建设对象的法治体系。“详述”中的其他语句阐述的是法治体系的制度属性和前进方向、建设路径和建设手段等。把法治体系界定为由五个分支体系构成的制度体系,与“依法治国,建设社会主义法治国家”的治国方略、“四中全会”总的精神、《全面依法治国决定》中的总目标安排都是相吻合的。对法治体系的构成作出清晰的界定有利于给法治体系这项新的法学知识划定边界理清要素,能够使我国新阶段法治国家建设的任务更具体,使建设中国特色社会主义法治体系的内容更明确、闪光点更突出。

The rule of law system is the first legal construction project proposed by the Fourth Plenary Session of the 18th CPC Central Committee.Before the Fourth Plenary Session of the Central Committee of the Communist Party of China,no matter the political circles or the academic circles,whether at home or abroad,there was no knowledge about what the rule of law system is,and there was no real discussion about what the rule of law system is.The document of the Fourth Plenary Session of the CPC Central Committee did not make a clear explanation on what is the legal system.By carefully reading the documents of the Fourth Plenary Session of the CPC Central Committee,the Outline of the Construction of a Government Ruled by Law,the Outline of the 13th Five-year Plan,and the Report of the 19th National Congress of the Communist Party of China on the rule of law,we can find that the legal norm system,the implementation system,the supervision system and the guarantee system of the rule of law,and the system of laws and regulations within the party in the paragraph of the“overall goal of ruling the country by law in an all-round way”in the Decision on Ruling the Country by Law in an All-round Way are the legal system as the construction object.The socialist legal system with Chinese characteristics,as the“overall goal of ruling the country by law in an all-round way”,is a legal system composed of these five branches.The other sentences in“detailed description”describe the system attribute and direction,construction path and construction means of the legal system.The definition of the rule of law system as a system composed of five branches is consistent with the general plan of“ruling the country by law and building a socialist country ruled by law”,the general spirit of the Fourth Plenary Session of the CPC Central Committee,and the general goal arrangement in the Decision on Ruling the Country by Law in an All-round Way.The rule of law system in Xi Jinping’s thought is a rule of law system with the essential characteristics of“Chinese characteristics”and“socialism”.The construction of a rule of law system consisting of five branches is the core task of the new stage of China’s rule of law construction,and the main task to improve the level of building a country under the rule of law.China’s“promoting the rule of law in an all-round way”and“building a socialist legal system with Chinese characteristics”are perfect.The major measures of the socialist system with Chinese characteristics are also important measures to promote the modernization of the national governance system and governance capacity.The rule of law system is a brand-new legal knowledge,and the construction of legal system is an unprecedented legal construction project.A clear definition of the constitution of the rule of law system is conducive to delimiting the boundary of the new legal knowledge of the rule of law and clarifying the elements.