融党的领导于法律权威之中

发布时间：2019-02-27 06:47

【摘要】：正党的十八届三中全会提出了"推进法治中国建设"的伟大号召。那么,当前我国法治建设亟待解决的问题是什么呢?我们认为就是要正确认识和解决法律权威与党的领导的关系问题,要改变把二者割裂开来,甚至对立起来的观念和作法,要把二者统一起来,融党的领导于法律权威之中。下面就此谈一些认识。我国法制建设这些来取得了许多成就,基本实现了"有法可依"的问题,可人们普遍感觉现在仍然是人治状态。理由是:人们的行为,特别是国家机关人员的行为,并不遵循法律,而是有另外的规则,甚至是"潜规则";一个地区、一个单位,换一届领导就有一套新安排,新人,新策划;一个单位虽然有一套制度,但实际的决策是第一把手(书记)说了算,他可以决定一切,可以随意改变以往的决策。显然,这些现象与法治国家的基本观念相距
[Abstract]:The third Plenary session of the 18th CPC Central Committee put forward the great call to push forward the construction of China under the rule of law. So, what are the problems that need to be solved urgently in the construction of rule of law in our country at present? We believe that it is necessary to correctly understand and solve the relationship between the legal authority and the leadership of the Party, to change the concept and practice of separating the two and even opposing them, to unify the two, and to integrate the leadership of the Party into the legal authority. Here are some ideas. Many achievements have been made in the construction of the legal system in our country, and the problem of "there is a law to be relied upon" has been basically realized, but it is generally felt that the rule by man is still under the condition of rule by man. The reason is that people's actions, especially those of State officials, do not follow the law, but there are other rules, even "hidden rules"; A district, a unit, a change of leadership on a new set of arrangements, new, new planning; Although a unit has a system, the actual decision-making is up to the leader (secretary), he can decide everything, he can change the past decision-making at will. Obviously, these phenomena are different from the basic concepts of a country ruled by law.
【作者单位】：西北政法大学;
【分类号】：D920.0

【相似文献】