论文部分内容阅读
十八届四中全会《决定》中出现“法治”并不让人意外,但出现“依宪治国”至少让怀抱更高法治理想的法学家欢欣鼓舞。“法治”是中共十五大和1999年宪法修正案正式接纳的核心价值与治国方略,此次全会不过是再次确认和更系统部署。如今,不仅“依宪治国”作为“依法治国”的根本要素被肯认,更是有宪法日和宪法宣誓作为外观形式予以强化。一时间,似乎“法治”的春天和“宪政”的春天都要来了。这一切的期待与是非均源自宪
It is no surprise that the “rule of law” appears in the “Decision” of the Fourth Plenary Session of the 18th CPC Central Committee. However, the emergence of “governing the country according to the constitution” at least encourages jurists who embrace the idea of a higher rule of law. “Rule of Law ” is the core value and the strategy of running a country officially accepted by the 15th CPC National Congress and the 1999 constitutional amendment, but the plenary meeting is only to reconfirm and deploy more systematically. Today, not only is “fundamental rule of governing the country according to the country under the Constitution” recognized as the fundamental element, but also as an outward appearance of the Constitution Day and the Constitution. For a time, it seems that the spring of “rule of law” and the spring of “constitutionalism” are coming. All this expectation and non-disparity are constitutional