论中国法治化的政治基础

法治国家政治基础的一般标志有二 :第一 ,其政体是民主政体 ;第二 ,其国家权力配置是分权制约。中国权力机制的现状是有分工 ,但缺乏制约 ,形成立法系统和司法系统对行政系统的依附关系 ,权力腐败成为国家的囊肿。中国权力制约机制的建立可以通过国家权力结构的如下重构实现 :实行“政权”与“治权”的分立 ,在代表机关之下立法、行政、司法三权相互制约

On the Political Foundament of the Realization of Rule of Law in China

The Political foundament includes two general symbols in a country ruled by law:the first is that its system of government should be democratic and the second is that the disposition of the force of state is seperating sepecting and conditional.In China the former exists,but the altter doesn't.The reault is that the legisaltive system and the judicial system are attached to the executive system and the corrupt of power became the malignant tumor of the state.With reconstrucion of the force of stateby separating the power of government from the force of rule and the conditionaong the three force of legislation judieature and execution under the representative body,the mechanism of the condition of power can be erected.