习近平法治思想的科学内涵、历史底蕴及思想基础

The Scientific Connotation, Historical Profundity and Foundation of Xi Jinping Thought on the Rule of Law

陈佑武(Chen Youwu)

《人权研究》 3期 (2020/12) Pp. 3-16

摘要

习近平法治思想是新中国成立以来乃至建党近百年来法治发展的历史产物。从科学内涵来看，习近平法治思想坚持党对全面依法治国的领导，坚持以人民为中心，坚持中国特色社会主义法治道路，坚持依宪治国、依宪执政，坚持在法治轨道上推进国家治理体系和治理能力现代化，坚持建设中国特色社会主义法治体系，坚持依法治国、依法执政、依法行政共同推进，法治国家、法治政府、法治社会一体建设，坚持全面推进科学立法、严格执法、公正司法、全民守法，坚持统筹推进国内法治和涉外法治，坚持建设德才兼备的高素质法治工作队伍，坚持抓住领导干部这个“关键少数”。从历史底蕴来看，习近平法治思想以新中国成立以来至党的十一届三中全会之前社会主义法制建设阶段历史反思为基本前提，以党的十一届三中全会至党的十五大之前依法治国早期实践为经验之源，以党的十五大以来至党的十八大之前依法治国基本方略的确立发展为制度之源，以党的十八大尤其是党的十八届四中全会以来全面推进依法治国为实践之源。从思想基础来看，习近平法治思想是马克思主义法治理论中国化的最新成果，是对马克思主义经典作家法治理论与方法论的发展，是对中国传统法治思想的扬弃。

關鍵字

习近平法治思想 ； 全面依法治国 ； 依法治国 ； 法治

並列摘要

Xi Jinping Thought on the Rule of Law is the historical product of the development of the rule of law since the founding of the People's Republic of China (PRC) and the establishment of the Communist Party of China (CPC). From the perspective of its scientific connotation, Xi Jinping Thought on the Rule of Law upholds Party leadership on overall law-based governance; takes a people-centered approach; stays on the path of the socialist rule of law with Chinese characteristics; adheres to Constitution-based governance; promotes the modernization of China's governance system and capacity along the rule of law; adheres to a system of the socialist rule of law with Chinese characteristics; pursues coordinated progress in law-based governance, law-based exercise of state power, and law-based government administration, and promotes the integrated development of the rule of law for the country, the government and the society; ensures sound lawmaking, strict law enforcement, impartial administration of justice, and the observance of the law by everyone; takes a coordinated approach to promoting the rule of law at home and in matters involving foreign parties; fosters a high-quality team of professionals with both integrity and ability for legal work; and ensures that leading officials at various levels faithfully implement major decisions and plans made by the CPC Central Committee on overall law-based governance. From the historical perspective, Xi Jinping Thought on the Rule of Law takes the historical re-thinking on the socialist legal system construction stage from the founding of the PRC to the Third Plenary Session of the Eleventh Central Committee of the CPC as its basic prerequisite; takes the early practice of ruling the country by law during the Third Plenary Session of the Eleventh Central Committee of the CPC to the 15th National Congress of the CPC as its source of experience; takes the establishment and development of the basic strategy of law-based governance from the Fifteenth National Congress of the CPC to the Eighteenth National People's Congress of the CPC as its source of system; and takes the comprehensive promotion of the rule of law since the Eighteenth National People's Congress of the CPC, especially the Fourth Plenary Session of the Eighteenth Central Committee as its source of practice. From the perspective of its foundation, Xi Jinping Thought on the Rule of Law is the latest achievement of the sinicization of Marxist theory on the rule of law, the significant development of theory and methodology on the rule of law of classic Marxist writers, and a sublation of Chinese traditional thoughts on the rule of law.

並列關鍵字

Xi Jinping Thought on the Rule of Law ； overall law-based governance ； law-based governance ； rule of law