论文部分内容阅读
依法执政是依法治国的关键。康德模型有两个方面的启思维度:一是进一步明确了民主政治国家的法治要件;二是进一步明确了法治与国家治理方式的“内生性”关系。依法执政法治模型的理想模式,是实质法治与形式法治的统一,即反映社会需求的实质合法化与依法治理国家的形式合法化的有机结合。二者结合的质量,取决于政党代理民主的性质和国家法治程序的科学化水平。中国多党合作制是“有自由、有法治、有政党合作统一”的现代民主国家的法治模式,是中国政党制度现代化的必由之路。
Rule by law is the key to governing the country according to law. The Kant model has two enlightenment dimensions: one is to further clarify the elements of the rule of law in democratic countries; the other is to further clarify the “endogenous” relationship between the rule of law and the state governance. The ideal model of governing the rule of law model according to law is the unification of substantive rule of law and formal rule of law, that is, the organic combination of reflecting the essence of social needs and the legal form of governing the country according to law. The quality of the combination of the two depends on the nature of the agent democracy in political parties and on the scientific level of the state law and order procedure. The system of multi-party cooperation in China is a model for the rule of law in a modern democratic country where there is “freedom, rule of law and cooperation and unity among political parties.” This is the only way to modernize the party system in China.