论法治与反腐之间的内在逻辑——兼论法治提升反腐败斗争水平
发布时间：2018-12-05 14:25
【摘要】：法治体现了人类社会共同的追求和价值目标,蕴含着平等,反对特权,反对滥用权力的基本理念。腐败滋生于权力,又寄生于权力,各种腐败行为是公共权力的滥用和异化,实际上破坏着权利平等、权力制约和公平正义的法治原则。法治蕴含权力约束、保障权利和反对人治任意的价值理念,腐败意味着破坏法治、践踏法治和阻滞法治推进的因素。因此,法治与反腐之间存在作用与反作用的关系。一定程度上而言,腐败兴,则法治亡;法治兴,则腐败亡。两者的逻辑关系在于法治助力推进反腐,反腐又有助于法治的不断完善。
[Abstract]:The rule of law embodies the common pursuit and value goal of human society, and contains the basic idea of equality, opposition to privilege and abuse of power. Corruption is born in power and parasitic on power. All kinds of corruption is the abuse and alienation of public power, which actually destroys the principle of rule of law of equality of rights, restriction of power and fairness and justice. The rule of law contains power constraints, safeguards rights and opposes arbitrary values of rule by man. Corruption means destroying the rule of law, trampling on the rule of law and blocking the advancement of the rule of law. Therefore, there is a relationship between the rule of law and anti-corruption. To a certain extent, corruption, the rule of law, corruption. The logical relationship between the two is that the rule of law helps to promote anti-corruption, and anti-corruption helps to improve the rule of law.
【作者单位】： 湘潭大学;湘潭大学法治湖南建设与区域社会治理协同创新中心;湘潭大学反腐败司法研究基地;湖南省高级人民法院;
【基金】：国家社科基金特别委托项目“习近平反腐败战略思想研究”(14@ZH056)
【分类号】：D262.6
，
本文编号：2365248
[Abstract]:The rule of law embodies the common pursuit and value goal of human society, and contains the basic idea of equality, opposition to privilege and abuse of power. Corruption is born in power and parasitic on power. All kinds of corruption is the abuse and alienation of public power, which actually destroys the principle of rule of law of equality of rights, restriction of power and fairness and justice. The rule of law contains power constraints, safeguards rights and opposes arbitrary values of rule by man. Corruption means destroying the rule of law, trampling on the rule of law and blocking the advancement of the rule of law. Therefore, there is a relationship between the rule of law and anti-corruption. To a certain extent, corruption, the rule of law, corruption. The logical relationship between the two is that the rule of law helps to promote anti-corruption, and anti-corruption helps to improve the rule of law.
【作者单位】： 湘潭大学;湘潭大学法治湖南建设与区域社会治理协同创新中心;湘潭大学反腐败司法研究基地;湖南省高级人民法院;
【基金】：国家社科基金特别委托项目“习近平反腐败战略思想研究”(14@ZH056)
【分类号】：D262.6
，
本文编号：2365248
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