摘要
实现全面建成小康社会目标后,中国法治将迈向社会主义现代化新征程,由复兴法治理念引领,以复合法治形态呈现出全面依法治国、建设法治中国新常态。复兴法治理念就是聚焦民族复兴目标,面向实现党和国家治理现代化急需和满足人民美好生活新期待必备的制度和法治需求,推进党内法治、国家法治和社会法治合成全面依法治国的完整实践体系,协调推进新的"四个全面"战略布局,统筹推进"五位一体"总体布局,全面建成社会主义现代化强国,实现中华民族伟大复兴中国梦的新时代法治理念。复合法治形态则以复兴法治理念为引领,坚持党内法规与国家法律同构法治,依法执政和依法行政共同推进,依法治国和依规治党有机统一;推进常态法治与应急法治同塑法治,公法制度与私法制度同筑法治;坚持法治国家和法治社会一体建设,依法治国和以德治国有机结合。复兴法治理念实践与复合法治形态发展将带来中国法学的历史性变革,形成中国特色社会主义法治理论创新发展的主线。
After achieving the goal of building a well-off society in an all-round way, the rule of law in China will move towards a new journey of socialist modernization. It will be piloted by rejuvenation of rule of law, and will present the new normal of comprehensive law-based governance and the constructing rule of law in China in the form of compound rule of law. The idea of rejuvenation of rule of law is to focus on the goal of national rejuvenation, to meet the urgent needs of system and rule of law about modernization of national governance and people’s new expectations for a better life, to promote a complete practice system of comprehensive law-based governance composed of the rule of law inner the CCP, the rule of law in the country and the rule of law in the society, to develop "all-round call in four aspects" strategic layout and "five-in-one" overall arrangement, to comprehensively build a modern socialist country, to achieve the Chinese dream of the great rejuvenation of the Chinese nation. Furthermore, compound rule of law is the form which is piloted by the idea of rejuvenation of rule of law. Compound rule of law is to insist that inner party law and national law are integral part in the rule of law, law-based exercise of state power and law-based government administration work together, and law-based governance unified with governing the party in accordance with regulations;It requires that rule of law are promoted by the integration of the normal rule of law and the emergency rule of law, also by the integration of public law system and the private law system;It adheres to the integrated construction of rule of law in the country and rule of law in the society, and the organic integration of rule of law and rule of virtue. The practice of the idea of rejuvenation of rule of law and the development of the form of compound rule of law will bring about historical changes in Chinese law and will be the key thread of the innovation and development of the theory of law-based governance under Chinese socialism.
作者
肖金明
白玉荣
XIAO Jinming;BAI Yurong(Law School,Shandong University,Weihai,Weihai Shandong 264209,China;Law School,Shandong University,Qingdao,Qingdao Shandong 266237,China)
出处
《法学论坛》
CSSCI
北大核心
2021年第5期85-93,共9页
Legal Forum
基金
国家社会科学基金重大项目《基于国家制度与治理现代化的党内法规和国家法律一体化研究》(20ZDA006)
山东大学-习近平新时代中国特色社会主义思想研究重大专项《习近平总书记关于法治建设重要论述与当代社会主义国家治理方式创新研究》(SDZXWT06)的阶段性成果。
关键词
改革开放
小康社会
民族复兴
复兴法治
复合法治
reform and opening up
well-off society
national rejuvenation
rejuvenation of rule of law
compound rule of law
