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以法制权还是重权轻法,这是两种截然不同的权力观、治国观。江泽民总书记在党的十五大提出的“依法治国,建设社会主义法治国家”是新的历史时期我们党的治国方略。以法制权是贯彻实施党的治国方略的有力举措,也是对重权轻法的封建专制传统观念的坚决否定。(一)“重权轻法”现象有其历史渊源。正如邓小平所指出:“旧中国留给我们的,封建专制传统比较多,民主法制传统很少。解放以后,我们也没有自觉地、系统地建立保障人民民主权利的各项制度,法制很不完备,也很不受重视,特权现象有时受到限制、批评和打击,有时又重新滋长。克服特权现象要解决思想问题,也要解决制度问题。”(《邓小平论民主法制建设》第59页)邓小平这一论述,深刻地揭示了“重权轻法”现象的历史根源。在中国二千多年封建社会的漫长历史上,虽然也有法律,也曾出现过象汉文帝、唐太宗这样遵法、奉法的皇帝,但是,法律从来都是统治阶级的意志的体现。它是用以维护统治阶级利益,巩固其阶级统治的工具。在封建社会,法自君出。
To the rule of law or the weight of light law, which is two completely different view of power, governing the country. General Secretary Jiang Zemin proposed at the 15th CPC National Congress that “governing the country according to law and building a socialist country ruled by law” is the party’s strategy of running the country in the new historical period. Taking legal rights as a law is a powerful measure to implement the party’s governing strategy and a resolute denial of the traditional concept of the feudal autocracy of the heavy and light law. (A) “weight of power light ” phenomenon has its historical origins. As Deng Xiaoping pointed out: “After the liberation, we did not conscientiously and systematically establish various systems that guarantee the democratic rights of the people. The legal system is very weak Complete and very unnoticed, privileged phenomena are sometimes restricted, criticized and cracked down, and sometimes re-grown. ”To overcome the phenomenon of privilege to solve ideological problems, we must also solve the institutional problems.“ (”Deng Xiaoping On Democracy and Legal System Construction“ Page 59 ) Deng Xiaoping’s statement profoundly reveals the historical roots of the phenomenon of ”empowerment of power and lightness". In the long history of more than 2,000 years of feudal society in China, although there were laws and emperors like Han Emperor and Emperor Taizong had followed and followed the law, the law has always been the embodiment of the will of the ruling class. It is a tool used to safeguard the interests of the ruling class and consolidate its class rule. In feudal society, the law from the monarch out.