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中国共产党领导下各机关、各部门分工负责的协商型法治首先是党的领导,党带领人民制定宪法,党又在宪法的框架下执政、指导立法、司法、行政。概括起来,是包括人大立法、政府行政、两高司法这样一个各部门、各机关分工负责的协商型法治。这是中国法治很重要的特征。自上而下推进的法治自上而下的权力主导型的法治模式,大大地减小了改革的成本,能够比较快地发挥社会主义集中力量办大事的优势,这是一个突出的特点。
The consultative rule of law, under the leadership of the Chinese Communist Party and under the division of labor among various departments, is first and foremost the leadership of the party. The party leads the people in formulating the constitution. The party also takes power and guides the administration of legislation, judicature and administration under the framework of the Constitution. To sum up, it is a consultative rule of law that involves the legislative work of the people's congress, the administration of the government, and the division of labor between various departments and agencies under the two high laws. This is an important feature of the rule of law in China. The top-down, rule-of-law-based, rule-by-law model of the rule of law led to a drastic reduction in the cost of reform and the faster development of socialism to concentrate its efforts on major affairs.