新中国政法话语的流变
作者简介:侯猛,中国人民大学法学院教授(北京 100872)
摘要: 新中国成立以来的政法话语的流变,首先体现在其概念外延即“词与物”关系的不断变化。目前政法概念的所指基本集中在审判、检察、公安、国家安全和监狱事务。政法话语的流变本质上体现的是话语−权力关系的重新确立和不断塑造。党领导建立了各级政法机关,确立了马克思列宁主义的法律观,形成了以阶级、专政、国家安全、两类矛盾、社会治理等关键词在内的一整套政法话语体系。这套政法话语与宪法话语并无根本冲突,各自发挥功能,可以共同纳入社会主义法治体系话语之内。
The Change of Political and Legal Discourse of New China
- Available Online:
2020-02-01
Abstract: The change of political and legal discourse since the founding of new China is first reflected in the constant change of its concept denotation, that is, the relationship between "words and things". At present, the concept of politics and law basically refers to trial, prosecution, public security, national security and judicial administration. But in the past few decades, the concept has also covered legislative, civil affairs, ethnic and supervisory matters. The change of political and legal discourse embodies the re-establishment and continuous shaping of discourse-power relations. The Communist Party of China has established political and legal organs at all levels, established the legal ideology of Marxism-Leninism, and formed a set of political and legal discourses, including the People, Class, Dictatorship, National Security, Two kinds of Contradictions, Social Governance and other key words. Political and legal discourse is first of all a summary of the revolutionary experience. The most solid content of which is the Leadership of the Communist Party of China has been written into the Constitution. Therefore, the political and legal discourse is fundamentally consistent with the constitutional discourse. In turn, the two discourse can also play their respective functions and together be as part of the discourse of the socialist rule of law system.