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中国缺乏民主法治传统,但人治与法治在理论与实践上的对立从未间断。中国人民向往民主法治的愿望在清末就已经提出。中国共产党就是从民国时代的反民主、反法治的乱政、败政与蒋介石专制蚀裁中走出来的、具有彻底的民主法治观的革命政党。新中国实行共和制,党的第一代和第二代领导集体对近代民主与法治作过许多肯定性评价。改革开放后,中央有关文件、中央领导人的有关讲话提出了“实行社会主义法治”和“依法治国”的政治目标。江泽民同志在党的十四大报告及其他重要讲话中,多次强调民主化、法制化和依法治国的问题。八届人大四次会议把“依法治国,建设社会主义法制国家”作为国家的发展战略写进了有关决议。同时,立法力度逐步加大,全国人大、国务院和享有立法权的地方人大制定的法律法规总计数千部之多,有法可依和宣传舆论为法治铺平了道路。
China lacks a tradition of democracy and the rule of law, but the relationship between rule by man and rule of law in both theory and practice has never stopped. The aspirations of the Chinese people longing for democracy and rule of law have already been put forward in the late Qing Dynasty. The Chinese Communist Party is a revolutionary political party with a complete democratic rule of law out of the anti-democratic and anti-ruled chaos and defeat of the Republic of China era and the Chiang Kai-shek autocratic emancipation. New China practiced a republican system, and the first and second generation leaders of the party made many affirmative comments on modern democracy and the rule of law. After the reform and opening up, the relevant documents of the Central Government and the speech made by the party Central Committee put forward the political goal of “implementing the socialist rule of law” and “governing the country according to law.” In the party’s 14th National Congress and other important speeches, Comrade Jiang Zemin repeatedly emphasized the issue of democratization, legalization and rule of law. The Fourth Session of the Eighth National People’s Congress wrote into the relevant resolutions the policy of “governing the country according to law and building a socialist legal system” as its national development strategy. At the same time, the legislative efforts have been stepped up. The number of laws and regulations formulated by the NPC, the State Council and the local people’s congresses enjoying legislative power have totaled as many as 1,000 and paved the way for law and order by public opinion.