法治化趋势中的权力困境及出路

On the Authority Predicament in the Law-based Government and Solutions

随着国内经济的发展,人民权利意识的觉醒,对外交往的需要,非法治国家面临实现法治的国际国内压力。但考虑到法治化可能带来的风险和代价,政府又不能贸然行事。而困境中的出路在于在政府主导下分步骤推进这一进程。第一步是实行形式法治,即确保统治者的权力按照法律的规定行使。当这一阶段的任务完成以后,进入法治化进程第二阶段,即实质法治阶段,也就是实现现代意义的法治。

With the development of domestic economy,the awakening of people's consciousness of right,the need to develop foreign relations,the illegal governing is faced with international and domestic pressure from the realization of the law-based governing.But considering the potential risk of and the price to be paid by the law-based governing,the government does not practice it rashly.Instead,practicing it gradually under the government leadership is the way to get out of the predicament.The first step is to implement the law-based governing in form,that is,the ruler's authority is exercised under the law.When work in the first stage is completed,the second step is to actually govern the nation by law,namely,the law-based governing in a realistic sense.