当今中国宪政、法治实践中的若干理论问题

党的十五大明确提出了发展社会主义民主政治,实行法治,建设社会主义"法治国家"的基本方略,与此同时,宪法就此问题作出了相应的修改与完善.世纪之交的中国社会在宪政法制建设的实践和迈向法治现代化的征途中面临着一系列急待从宪法、法理上予以澄清和正面解答的理论问题,本文就现阶段我国宪政、法治实践中所面临的若干最直接的现实理论问题进行了必要的宪法学、法理学分析和探讨,并对"政治与法治"、"权与法"、"宪政、法治与法制"、"政党、政策与宪法之关系"进行了具体探讨和论述,提出了在"依法治国"过程中必须摆正和处理好上列诸方面宪政、法理关系的具体理论建议和主张.

A Few Theoretical Problems of the Current Chinese Constitutional Government and Legal System in Practice

The fifteenth delegate to the party congress clearly proposed the basic policy of developing socialist democratic system, carrying out the Principle of rule by law and building a socialist legal state. Meanwhile, according to the policy, the constitution law is revised to be more perfect. Facing the new century, China which are now in the practice of constitutional government construction and on the way to modernlization of constitutionalism are confronted with series of theoretical problems, which are eager to be settled from the aspect of constitution law and jurisprudence. The article will study the problems problems- mentioned, go further into the relationships between "politics and constitutionalism, "Power and law", "constitutional government, constitutionalism and legality," "party, policy and constituion", and Propose the viewpoint that in the progress of realizing constitutionlism, the constitutionlism relationships above - mentioned must be arranged properly.