“党大还是法大”是个伪命题。党法关系实质上是法治与政治关系的集中反映。世界上没有无政治的法治,尤其是当今世界,离开政治的法治是根本不存在的,就是西方法学家特别是公法学家也认为公法不过是复杂的话语体系,公法领域的争论只是政治论争的延伸。国际斗争的历史证明,每一种法治形态背后都有一种政治逻辑,每一种法治道路中都包含着一种政治立场。我国坚持的 “Party big or big” is a false proposition. The relationship between the party and the law is essentially a concentrated reflection of the relationship between the rule of law and politics. There is no non-political rule of law in the world. Especially in today’s world, there is absolutely no rule of law to leave politics. Western legal scholars, especially public lawyers, regard public law as a complicated discourse system. The debate in the field of public law is only a political one extend. The history of international struggle proves that behind every rule of law there is a kind of political logic, and every path of the rule of law contains a political stand. My country insists