中国特色社会主义法治体系是中国共产党治国理政的一项重大理论和实践创新,也是实现国家治理体系和治理能力现代化的法治抓手,它根植于中国大地,适合中国国情。研究中国特色社会主义法治体系的制度属性是理解中国法治特色与优势,坚持法治正确方位,加强新时代中国特色社会主义话语体系研究的重要途径。新中国成立以来,中国共产党领导人民进行了大规模法律创立活动,奠定了国家制度基础;改革开放后,通过坚持法律立改废释推动国家民主政治改革,形成了社会主义市场经济体制并促进了各方面制度逐渐完善;中国特色社会主义进入新时代,通过将静态法律体系与动态法治运行过程相结合,确立了中国特色社会主义法治体系,并促使各方面制度更加成熟定型。中国法治建设目标与马克思主义经典作家关于民主法治的科学构想一致,体现了社会主义核心价值观的法治目标。同时,制度化建构法治体系的过程既通过不断总结社会主义法治的正反两方面经验,积极借鉴东西方人类法治文明经验,更在全面深化改革和实现国家治理现代化的实践中逐步成熟完善。中国共产党领导中国特色社会主义法治体系建设,通过辩证认识西方错误思潮对中国法治的影响,始终立足于本土实际引领法治建设,符合科学社会主义基本原理,因此法治体系具有鲜明的制度属性。其中,中国共产党是法治体系的领导核心,中国特色社会主义制度奠定法治体系的制度方位,中国特色社会主义法治理论指导法治体系的发展方向,三者巩固和确保了法治体系的制度属性。在强大的制度属性支撑保障下,中国特色社会主义法治体系在世界各国法治实践的比较中显现出了“固根本”“稳预期”“利长远”的制度优势。中国特色社会主义法治体系是制度体系的重要组成部分,法治体系不仅是制度体系的规范文本表达,也是制度体系不断完善和有效落实的法治保障。制度体系是法治体系的根本制度基础,决定着法治体系的根本属性,其中根本政治制度保障法治体系服务于人民当家作主,基本制度保障法治体系服务于社会主义民主政治和社会主义先进生产关系,重要制度保障法治体系服务于国家社会各方面治理需要。法治体系与制度体系之间相互促进,统一于中国特色社会主义历史进程和中国共产党的领导,共同致力于实现中华民族伟大复兴的宏伟目标。
The socialist rule of law system with Chinese characteristics is a major theoretical and practical innovation of the Communist Party of China in governing the country, as well as a rule of law grasp to realize the modernization of the national governance system and governance capacity, which is rooted in Chinese soil and suitable for Chinese national conditions. Studying the institutional nature of the socialist rule of law system with Chinese characteristics is an important way to understand the characteristics and advantages of the rule of law in China, adhere to the correct orientation of the rule of law, and strengthen the study of the socialist discourse system with Chinese characteristics in the new era.Since the founding of the New China, the Communist Party of China has led the people in large-scale law creation activities and laid the foundation of the national system. After the Reform and Opening Up, it has promoted the democratic political reform of the country by insisting on law creation, reform, abolition and interpretation, formed the socialist market economy system and promoted the gradual improvement of various systems. As socialism with Chinese characteristics enters a new era, it has combined the static legal system with the dynamic process of rule of law operation, a socialist rule of law system with Chinese characteristics has been established, making all aspects of the system more mature and established. The goal of building the rule of law in China is consistent with the scientific conception of the classical Marxist writers on democracy and the rule of law, and reflects the rule of law goal of the core socialist values. At the same time, the process of institutionalized construction of the rule of law system has not only summarized the positive and negative experiences of the socialist rule of law, but also actively borrowed from the experience of human rule of law civilization in the East and West, and gradually matured and improved in the practice of deepening reform and modernizing state governance.The Communist Party of China leads the construction of the rule of law system of socialism with Chinese characteristics by dialectically recognizing the influence of Western erroneous thinking on the rule of law in China, and always leads the construction of the rule of law based on local reality, in line with the basic principles of scientific socialism, so that the rule of law system has distinct institutional nature. Among them, the Communist Party of China is the leading core of the rule of law system, the socialist system with Chinese characteristics lays down the institutional orientation of the rule of law system, and the socialist theory of rule of law with Chinese characteristics guides the development direction of the rule of law system, all three of which consolidate and ensure the institutional attributes of the rule of law system. With the support of strong institutional nature, the socialist rule of law system with Chinese characteristics has shown the institutional advantages of "consolidating fundamentals", "stabilizing expectations" and "benefiting the long term" in the comparison of rule of law practices around the world.The socialist rule of law system with Chinese characteristics is an important part of the institutional system, and the rule of law system is not only the normative textual expression of the institutional system, but also the guarantee of the rule of law for the continuous improvement and effective implementation of the institutional system. The institutional system is the fundamental institutional basis of the rule of law system and determines the fundamental nature of the rule of law system, in which the fundamental political system guarantees that the rule of law system serves the people's mastery, the basic system guarantees that the rule of law system serves socialist democratic politics and advanced socialist relations of production, and the important system guarantees that the rule of law system serves the needs of governance in all aspects of national society. The rule of law system and the institutional system promote each other and are unified in the historical process of socialism with Chinese characteristics and the leadership of the Communist Party of China, working together to achieve the grand goal of the great rejuvenation of the Chinese nation.