習近平法治思想的法治體系本質論

The Theory on the Nature of Rule of Law System: As Expounded in Xi Jinping Thought on the Rule of Law

“我們要建設的中國特色社會主義法治體系，本質上是中國特色社會主義制度的法律表現形式”，這一重要論斷是習近平法治思想的法治體系本質論之來源。法治體系本質論深刻揭示了中國特色社會主義法治體系的本質屬性，闡明了中國特色社會主義法治與西方資本主義國家法治的重大區別，創新性發展了馬克思主義法治理論。法治體系本質論深刻回答了關於全面推進依法治國總抓手的重大理論問題，有力揭示了法治體系與中國特色社會主義制度之間的內在關係，發展了法的表現形式理論，是習近平法治思想具有原創性、時代性的經典體現。法治體系本質論蘊含著深刻的原理依據，主要包括黨的領導和黨政關係原理、法的現實基礎原理、制度與法的關係原理等。法治體系本質論為確保法治體系建設的政治方向、堅持法治自信、破解法學知識體系的原點問題提供了強大理論支撐。新時代新征程構建中國自主的法學知識體系，必須以習近平法治思想為根本遵循。以“法治體系論”為基本範式，以法治體系本質論為關鍵指引。

The system of socialist rule of law with Chinese characteristics is the most orginal concept and theory that reponds to the call of the times in Xi Jinping thought on the rule of law. As to its nature, there is an insightful exposition in Xi Jinping thought on the rule of law: "The system of socialist rule of law with Chinese characteristics that we are building, by nature, is the legal expression of the socialsit system with Chinese characteristics". This significant thesis reveals the core essence of the theory on the nature of rule of law system in Xi Jinping Thought on the rule of law: the system of socialist rule of law with Chinese characteristics is one of the important parts of the socialist system with Chinese characteristics, whose nature is the legal expression of the socialist system with Chinese characteristics. The theory on the nature of rule of law system typically presents the Chinese model of the human civilization of rule of law, fully reflects the innovative development of Maxist theory on the rule of law, contains pround rationales, and provides strong theoretical support for essuring the political direction of the rule of law system building, having confidence in the rule of law, answering the fundamental questions therefore building China's independent legal knowledge system. The theory on the nature of rule of law system profoundly reveals the inner relationship between the system of rule of law and the system of socialism with Chinese characteristics, innovatively develops the theory on law's expression forms, and essentially presents the original and epochal character of Xi Jinping thought on the rule of law. "The legal expression of the socialist system with Chinese characteristics" signifies the highest form of the sytem of socialism with Chinese characteristics, which includes not only the state laws as the highest form of the state systems but also the Party regulations as the highest form of the Party systems. In terms of the relation between essence and phenomenon, the theory on the nature of rule of law system reflects the essential relation between the system of socialism with Chinese characteristics and the system of socialist rule of law with Chinese characteristics , and reveals the inner relation among the system of socialism with Chinese characteristics, the system of rule of law and the forms of legal expression. Profound rationales are contained herein, including rationales on the Party's leadership and the relationship between the Party and government, rationales on the realistic foundations of law, rationales on the relationship between systems and law, etc. The theory on the nature of rule of law system interpretes the significant differences between the socialist rule of law with Chinese characteristics and the rule of law in western countries, reveals the inner relation between the system of rule of law and the system of socialism with Chinese characteristics, contains pround rationales and have great practical values. If the theory on the nature of rule of law system is not well grasped, the researches on the rule of law system would float on the surface. The theory on the nature of rule of law system is the premise and key to understand the truth of the theory on rule of law system. Therefore, the building of China's independent legal knowledge system must take Xi Jinping thought on the rule of law as its fundamental guideline, take the rule of law system as its basic paradigm, and take the theory on the nature of rule of law system as its pivotal direction.