建设社会主义法治国家的几个基本原则——论十一届三中全会对法治的贡献

The Basic Principles of Building a Socialist Country under the Rule of Law——On the Contribution of the Third Plenary Session of the 11th Central Committee of the CPC to the Construction of the Rule of Law

十一届三中全会是当代中国法治现代化的真正起点。它抛弃了法律的意识形态论和阶级斗争工具论,从现代性的法制观念出发,提出或强调了"法律面前人人平等""有法可依、有法必依、执法必严、违法必究""司法机关独立行使职权""党必须在宪法和法律范围内活动"等社会主义法治国家建设的基本原则。这四项基本原则不仅在当时产生了拨乱反正、振聋发聩的重大社会影响,推动当代中国走向依法治国的道路,而且是社会主义法治建设的长远指针,至今仍然具有重大的现实意义,对当代中国继续建设现代法治国家的伟大事业具有极大的参考作用。

The Third Plenary Session of the 11 th Central Committee of the CPC was the real starting point for the modernization of the rule of law in contemporary China.It abandoned the ideology of law and the class struggle organon,and using modern legal concepts as a starting point,advanced or emphasized on the basic principles of building a socialist country under the rule of law that all men are equal before law,'there must be laws to be observed,laws must be observed and strictly enforced,and law violations must be punished',the judicial organs must work independently and the Party must abide by the Constitution and the laws.These four principles not only had a significant social impact at that time in setting things right and awakening the mass,promoted contemporary China to embark on the path of rule of law,but also was of great realistic significance even today as they worked as the long-term fundamental guidelines for the construction of socialist rule of law,as it provided a great reference for contemporary China to continue its great cause in constructing a modern rule of law country.