On The Rule Of Law In The Party

To improve the ability of leading cadres to use the rule of law is the key areas and basic content of the construction of the rule of law in China. So we must strengthen the commission of discipline inspection of CPC at all levels and departments to use of the rule of law to fight against corruption. The rule of law in the way of discipline execution of CPC is an inevitable requirement of running state affairs according to law. This study aims to provide information and material for the further research of the way of discipline execution of CPC, and provide theoretical support for against corruption by means of the rule of law.In this paper, we use the following research methods: 1, Text analysis method.We give a comprehensive and systematic analysis of party regulations and laws which related the discipline execution of CPC, and proof its legitimacy and rationality based on the analysis which is mentioned just now. 2, Theoretical analysis method. This paper deeply analyzes the way of discipline execution of CPC, the meaning of rule of law, the legal character of discipline execution of CPC and so on. We get a lot of constructive conclusions at last. 3, Historical analysis method. The history of discipline execution of CPC is divided into three parts, which are 1921-1949,1949-1976, 1976-now. This study can draw the outline of historical process of Party discipline from birth, bud, development, frustration to mature and relatively perfect,and provide a solid historical foundation for the further study. 4, Case analysis method.The analysis of specific cases in the reality can provide a realistic basis for the research.The innovation of this paper:1.This paper introduced the connotation of the rule of law of discipline inspection of CPC, which no one had introduced before. We put the the rule of law of discipline inspection of CPC into the background of running state affairs according to law, using the rule of law to fight against corruption, and proposed four contents of the way of discipline inspection of CPC.(1) The legal character of discipline execution of CPC;(2) the foundation and norm of discipline execution of CPC;(3)The relationship between the discipline execution and the law-enforcement state agencies;(4) The specific methods of investigating and trying cases in discipline execution.2.This paper gave a research on the character of the power of discipline execution, which no one had did before. The power of discipline execution of CPC is one of the power of CPC. So we first gave a research on the legal subject of CPC, and come to a conclusion that CPC has the nature of both “public” and “civil”. Then we proof that the power and behavior of discipline execution of CPC also has dual character which are “public” and “civil”.3. This paper gave a research on the Textual basis of discipline execution of CPC,which no one had did before. The Textual basis of discipline execution has two parts,which are the regulation of CPC and the constitution and legislation on state. The regulation of CPC is the most important Textual basis of discipline execution. We gave a large number of studies on this and sum up a lot of problems including the unclear nature of regulation of CPC, the secrecy over, the contradiction between regulation of CPC and the law. At last, we gave some solutions according to the rule of law.4. This paper gave a system research on the jurisdiction coincidence between discipline execution of CPC and the national criminal justice, which no one had did before. We made a detailed introduction on the scope, condition, reason, the method of disposition of jurisdiction coincidence and the problems it caused.5. This paper proof the legitimacy and rationality of specific methods of investigating and trying cases in discipline execution. These methods includes restriction of personal freedom, freeze property, endowing the confession obligation,asking for outsiders to cooperate, Written trial mode, maintain secrecy and so on. No one has discussed these questions roundly before.