| 英文摘要 |
In a modern society where deities are faithless, morality is out of order, and rapid changes occur, the legitimacy of the law no longer points to the eternal nature outside, but to itself. As long as legislation is authorized and in accordance with procedures, it can become a legitimate law, and the "enactment of this law in accordance with the Constitution" becomes a self-created declaration of the legal system. Through the transformation mechanism of textualizing "We the People" through the constitution, as well as the self-creation of laws based on the constitution as the mother law, " We the People" have obtained two bodies that can travel through time and space changes: as the body of nature, we are the living beings who only live in the present, live and die; As the eternal body, it is a self-created system that can construct narrative and create history through the production and precipitation of meaning symbols. But this also implies the most fundamental legal risk in modern society: the earthly body that "we the people" place in humanity and the transcendent body that carries political divinity are arbitrarily placed in a binary opposition of either this or that, and the latter can therefore arbitrarily crush the former. The most tense aspect of the rule of law path of socialism with Chinese characteristics lies in the fact that our party, as the common brain of the "We the People," can transfer the logical paradox inherent in the two bodies to the observation area of "party leadership" through the organizational mechanism of "party leadership", thus using the party as the organizational medium to promote the inter subjectivity of body politics, To achieve universal justice and intergenerational justice in the simultaneous and diachronic practice of people’s democracy. This is why historical dialectical materialism particularly emphasizes the significance of "socialist rule of law must adhere to the leadership of the Party" and "the leadership of the Party must rely on socialist rule of law". |
