九九修宪与依法治国

九九修宪前夕,围绕宪法的稳定性与适应性、经济发展优先还是法制改革优先等问题, 人们展开了激烈的争论, 认清了修改宪法的必要性。九九宪法修正案确立了邓小平理论在国家中的指导地位, 明确了在现阶段的中国坚持社会主义就是坚持初级阶段、中国特色的社会主义, 稳定了家庭承包经营为基础、统分结合的双层经营体制, 确认了非公有制经济应有的法律地位。依法治国, 建设法治国家, 不仅要求我们从理论上区分法治与法制的概念, 明确法治与人治的分野, 坚持宪法确立的法治原则, 尤其要求我们在实践中建立有效的权力制约机制。

The Amendment of the Constitutional Law(1999)and the Rule of Law

Before the amendment of the Constitutional Law, people were carrying out a heated discussion on the stability and adaptability of the Constitutional Law and whether the economic development or the reform of the legal system is the prior one. After that, they recognized the necessity of the constitutional amendment. The amendment of the Constitutional Law in 1999 contatins the following contents--it has established the guiding status of the Deng Xiaoping's Theory and explicitly stipulated that the persistence of socialist system at present is to stick to the primary stage and the socialism with Chinese characteristics; reaffirmed the dual level managing system of family rent as the foundation and the combination of the unity and separation and confirmed the due legal status of non public economy. In order to construct a country ruled by law, we should distinguish the concept of the rule of law from legal system in theory, understand the difference between the rule of law and rule of man. We should insist on the principle of the rule of law embodied in the Constitutional Law, but also to set up an effective mechanism to restrict the power in practice.