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作为国家建设的领导核心,执政的中国共产党对于法治建设的基本认识决定了国家法治的发展程度。党代会,是党内民主决策的主要形式和党实现国家领导的基本方式之一。本文梳理自八大以来,特别是十二大以后历次党代会对于法制(治)论述的变迁,从文本出发,试图建构起中国共产党对于法制(治)认识不断深入、法治共识逐步形成、宪法理念晨光出现的现实图景。
As the leading core of nation-building, the basic understanding of the rule of law by the ruling Communist Party in China determines the development of the country’s rule of law. The party congress is the main form of decision-making within the party for democracy and one of the basic ways for the party to achieve state leadership. This article combs the vicissitudes of the discussion of legal system (governance) made by the Party congress since the 8th congress, especially from the 12th congress, starting from the text, attempting to build the Chinese Communist Party’s understanding of the rule of law (rule) deepening, the consensus of the rule of law gradually formed, the constitutional concept A realistic picture of the morning light.