改革、变法与中国式现代化——党的二十届三中全会精神的法学解读

Reform,Legal Change,and Chinese-Style Modernization: Legal Interpretation of the Spirit of the Third Plenary Session of the 20^(th) Central Committee of the Communist Party of China

中国自古以来就把改革称作“变法”,形成了变法图强的改革传统。“变法”是从法学角度,观察和解读党的二十届三中全会精神的独特学术视角和理论框架。党的二十届三中全会的《决定》,对创新和完善国家治理各领域各方面制度作出了系统化的顶层设计,是新一轮中国变法运动的总蓝图、路线图、施工图。法治领域改革是中国变法运动的骨干工程,应当发挥好对各领域改革的“头雁”作用。当代中国变法区别于传统中国社会变法的根本之处,在于以民主、法治的方式实施变法,而非以专制、人治的方式实施变法。

Since ancient China, the reform has been referred as the legal change, forming a tradition of legal change aimed at prosperity and strength. Legal change is a unique academic perspective and theoretical framework, which from the legal perspective observes and interprets the spirit of the Third Plenary Session of the 20^(th) Central Committee of the Communist Party of China. The Decision by this Session has made a systematic top-level design for innovating and improving various fields and systems of national governance, which is the overall blueprint, roadmap, and construction plan for the new round of China' s reform movement. The reform in the field of rule of law is the backbone project of China' s legal change movement, and should act as the leading role of reforms in various fields. The fundamental difference between contemporary Chinese legal change and traditional legal change lies in the implementation of reform in a democratic and rule-of-law manner, rather than in an authoritarian and rule-of-man manner.