论文部分内容阅读
法治乃良法之治,恶法非法,避免和排除恶法也是法治的重要任务。只有良法才能实现善治,良法有七个标准,善治有九幅图景。法治乃宪法之治,宪法之治的核心是限权和护权。限权主要有三种途径:宪法设置权力机构并进行权力分工;通过违宪违法审查把权力和掌权人关进制度的笼子里,对规范性文件进行合宪性和合法性审查;基本权利的充分享有和实现,既可制约权力,也可激活社会。变政府指导下的市场经济为法治统治下的市场经济,改变法定权利有些仍未转化为实有权利,应有权利反而已转化为实有权利的尴尬局面。法的统治是人民为主体的统治,人民意志与党的意志是一致的,党领导人民制定宪法和法律,党和人民则必须遵守符合自己意志的法律。法治为民主之治和众人之治,人性恶,人非圣人,因而一人之治不可靠,法治优于人治和一人之治。
The rule of law is the rule of good law and the law of evil is illegal. It is also an important task of the rule of law to avoid and eliminate evil laws. Only good laws can achieve good governance. Good laws have seven standards. Good governance has nine pictures. The rule of law is the constitutional rule, the core of the constitutional rule is the right of limitation and protection. There are basically three ways to limit the right: the constitution sets up the authority and carries out the division of power; the power and the authority are locked into the system by examining the violation of the constitution and the constitutionality and legality of the normative document; the full enjoyment of basic rights And to achieve, both to restrict power, but also activate the community. Under the guidance of the government, the market economy is a market economy under the rule of law. Some changes in statutory rights have not yet been converted into real ones, and the right to them has instead been transformed into an embarrassing situation of real rights. The rule of law is the rule of the people as the main body, the will of the people is consistent with the will of the party, the party leads the people in formulating the constitution and the law, and the party and the people must abide by the law that meets their own will. The rule of law is the rule of democracy and the rule of the people, the evil of human nature and the non-saint. Therefore, the rule of one person is not reliable and the rule of law is superior to the rule of man and the rule of one person.