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法治是现代国家的基本治理能力。在中国,无论是作为执政党的执政目标还是作为宪法的规范内容,法治国家都已经获得明确的政治基础和法律地位。作为现代国家治理能力的法治,最为关键的是两个方面的关系界定,其一是在多元社会中法律权威与包括政治权威在内的其他社会权威之间的关系;其二是国家权力与个人自由之间的关系。在中国的法治国家建设进程中,一方面须梳理澄清法治之基本要素,避免法治观念之混乱模糊,以形成更为具体的社会共识,另一方面为避免法治流于空洞,则须从制度机制上保障法治治理能力的落实。
The rule of law is the basic governing ability of modern countries. In China, both as a ruling party’s governing objectives and as a normative constitution, the countries under the rule of law have obtained a clear political foundation and legal status. As the rule of law in modern state governance, the most crucial one is the definition of the relationship between two aspects. One is the relationship between legal authority and other social authorities including political authority in pluralistic society. The second is the relation between state power and individual The relationship between freedom. In the process of building a country under the rule of law in China, we must first clarify the basic elements of the rule of law, avoid confusion in the concept of the rule of law and create a more concrete social consensus. On the other hand, in order to prevent the rule of law from being empty, On the rule of law governance ability to implement.