从宪法变迁视角看法治的发展

清末立宪以来,中国宪政走过了百余年历程,产生了十多部宪法与宪法性文件,反映了中国走向宪政与法治的艰辛与曲折。当代中国由于实行不同于西方法治国家的有中国特色的社会主义制度和马克思主义意识形态,与之相联系的社会主义法治的涵义也不完全与西方法治原则相一致。中华人民共和国成立以来的宪法变迁,对法治原则的体现又可分为法治的蒙昧时期、萌芽与发展时期和法治地位稳固确立与法治内容进一步发展时期。法治因素的成长与快速进步主要发生在第三阶段。今后一个时期宪法所反映的法治的进步,主要体现在公民权利的保障及宪法实施机制进步的层面上。

Development of the Rule of Law:From the Perspective of Constitution Evolution

Since China's constitutionalism in later Qing,China has being in purser of constitutionalism for more than a hundred years with tens of constitutions and constitutional statutes as its result.It reflects that China's enterprise constitutionalism and rule of law is full of difficulties and frustrations.Since contemporary China's Chinese-characterized socialist system and Marxist ideology are different from western Rechtsstaat,the meaning of socialist version of rule of law also has certain differences with the classical western principle of rule of law.The principle of rule of law in socialist meaning has been presented in the constitution evolution from the foundation of People's Republic of China.This process can be divided into four phases:obscurantic time,the beginning and growing term,the steady establishment of rule of law,and a time for further developing of the content of rule of law.The elements of the principle of rule of law had mostly been adopted rapidly in the third period.There will be little change in fundamental political system and leadership in China in the later future.Its progress of the principle of rule of law will be mainly presented in the guarantee of civil rights and the developing of enforcement of the constitution.