习近平总书记在中国政法大学考察时强调:“没有正确的法治理论引领,就不可能有正确的法治实践。”中国特色社会主义法治理论是全面推进依法治国的理论指导。我们要坚持创新发展中国特色社会主义法治理论,为完善中国特色社会主义法治体系、建设社会主义法治国家提供有力理论支撑。

坚持以马克思主义法学思想为指导。马克思主义法学思想依据生产力决定生产关系、经济基础决定上层建筑的历史唯物主义原理,揭示法律现象产生和发展的一般规律。马克思主义法学思想中国化的过程贯穿于建设中国特色社会主义法治体系、建设社会主义法治国家的全过程。习近平总书记全面依法治国新理念新思想新战略,是马克思主义法学思想中国化的最新成果,是全面依法治国的根本遵循,必须长期坚持。当前,创新发展中国特色社会主义法治理论,必须坚持以习近平总书记全面依法治国新理念新思想新战略为指导,围绕社会主义法治建设的重大理论和实践问题,从我国基本国情出发,同全面深化改革实践相适应,及时对中国特色社会主义法治体系建设的成功经验进行科学总结和理论升华,凝练符合中国实际,富有实践特色、民族特色、时代特色,体现社会发展规律的概念、命题、观点,为丰富中国特色社会主义法治理论提供鲜活思想内容。

正确认识中国法治文明与世界法治文明的关系。中国特色社会主义法治理论是马克思主义法学思想与当代中国法治实践相结合的理论成果,是中华优秀传统法律文化创造性转化、创新性发展的理论成果,同时学习借鉴了世界上的优秀法治文明成果。在学习借鉴世界法治文明的过程中,必须坚持以我为主、为我所用,认真甄别、合理吸收,不能囫囵吞枣、照搬照抄。既借鉴一些发达国家法治理论研究的有益成果,也关注广大发展中国家在法治理论研究方面的真知灼见,同时讲好法治理论的“中国故事”,展示中国特色社会主义法治理论的思想精华,推动世界法治文明在交流中进步、在互鉴中升华。

重视理论与实践相结合。中国特色社会主义法治理论源于实践、指导实践,也要接受实践检验。在建设中国特色社会主义法治体系的过程中,许多富有探索性的制度实践需要理论支撑。例如,司法体制综合配套改革如何深入推进?跨领域跨部门综合执法的各种制度安排怎样继续探索?这些问题没有现成经验可以照搬,迫切需要科学法治理论的指导。广大法学理论研究者应深入实践,加强对法律现象和法治实践规律的探索,作出科学理论总结,努力使法治理论与制度实践相契合,强化法治理论对法治实践的解释力和引领力。

回应法治实践中涌现的新问题。我国经济社会发展日新月异,新的法律问题层出不穷。广大法学理论研究者应开阔胸襟、开拓视野,不断从法律角度深化对新技术、新产业、新业态以及由此产生的新型社会关系和社会问题的思考,以更深刻的理论认识、更扎实的知识储备应对经济社会发展面临的新挑战。当前,国际上法治理论新问题不断涌现。谁能更好回答和解决这些新问题,谁就能在未来法治文明发展和理论话语建构中占得先机、赢得主动。我国法学理论研究者应大力推进法治理论创新,为中国特色社会主义法治理论拓展新空间,为世界法治文明发展作出中国贡献。

(作者为中国政法大学党委书记、北京市习近平新时代中国特色社会主义思想研究中心研究员)

《 人民日报 》( 2020年06月17日 09 版)

《创新发展中国特色社会主义法治理论(思想纵横)》有119条评论
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