Study On The Inner Regulation Of The CPC In The Course Of The Construction Of The Rule Of Law In China

Since 1978,the foundation China constantly sum up the basic experience of the Communist Party and its historical lessons organization construction,continuously improve the level of “ruling by law”,to enhance the ability and level strictly in accordance with the Constitution and laws governing the country,according to the inner regulation of the CPC tube party rule of the party,and constantly consolidate and maintain its ruling position.From the angle of historical development,the mutual influence and improve the role of the CPC is largely due to the inner regulation of the CPC and state laws,so as to enhance the level of normative the inner regulation of the CPC,and promote national laws to keep pace with the times,and this interaction appears more and more in-depth features.At present,there exists a contradictory and unified relationship between Chinese governance legal authority and charismatic authority,which has also been carried out in the design and operation of the inner regulation of the CPC.It is embodied in the tension between formal logic and historical justice,procedural governance and special concern,stable text and movement governance.It is an irreversible historical trend that the pattern of China's national governance turns from charismatic authority to legal authority.This change is reflected in the inner regulation of the CPC,it should be from the functionalism to normalism.Those who play an important role in the existence of political process,in accordance with the procedure by the party to develop specific normative documents formulated by specifical party organs,and a series of political conventions which formed in the long-term practice of political life,can be included in the inner regulation of the CPC.The elements of the inner regulation of the CPC are as follows:due process,normative documents and political conventions formulated by specifical party organs.In the past more than 90 years,the inner regulation of the CPC has always played an important role in the process of China leadership of the Communist Party's revolution and construction,from the period before the founding of new China,thefounding of new China to the the third Plenary Session of the 11 th CPC Central Committee(1949-1978),from the Communist Party of China in the third Plenary Session of the 11 th CPC Central Committee to the eighteen National Congress of the CPC(1978-2012),after the eighteen National Congress of the CPC since the party rules(2013 present)the four stages of the inner regulation of the CPC development process,after the third Plenary Session of the 11 th CPC Central Committee,the stability of the inner regulation of the CPC text especially fundamental purpose and tasks of the party in the party constitution to maintain continuity,to achieve and meet the requirements of social development,strengthen the construction of the rule of law as the foundation of the ruling Communist Party China,and expand the democracy at the grassroots level range.To improve the inner-party democracy,provides a powerful guarantee to change the governance.The establishment and perfection of the inner regulation of the CPC is the main manifestation of the establishment of institutional legal authority by the CPC.the inner regulation of the CPC has standard power within the party in the party governance in the configuration and operation,specification of the democracy and the protection of the rights of the Party members,party standard accountability role relationship to protect and regulate the party's scientific administration,adjust and standardize the organization of the party,the relationship between horizontal and vertical adjustment and standardization of Party organizations and social organizations in the public governance with the relationship,adjust and standardize the party organization and the role of various interest groups.The CPC is realizing the change from the type of karis authority to the type of institutional legal authority,and it is an important reason to strengthen the construction of the inner party regulation system.In this process,the inner-party laws and regulations have gradually become the basic basis for the power allocation and activities of Party committees and Party organizations at all levels,and the Communist Party of China should set an example for the rule of law.The inner regulation system of the CPC is a consistent and unified whole made up of all the existing and effective the inner regulations promulgated by the CPC.It is a system formed in accordance with certain internal rules.The perfect system of the inner-party regulation should have the perfect nature of adapting to the requirements of the rule of law.That is to say,perfect content,perfect form and practical feasibility.The fundamental purpose of the construction of the inner regulation system of the CPC,which runs through each of the regulation of the CPC spirit,which provides solid guarantee for the CPC strictly and governing the country,which is conducive to control the power and protection of rights,a clear path for the Democratic Party governance.The stage goal is,at the 100 th anniversary of the foundation of Party,formed a relatively complete system of inner regulations,efficient implementation of the inner regulation system,powerful inner regulation guarantee system,ability and level of the CPC rules according to the inner regulation is high.There are multiple dimensions and multiple standards of the classification of the inner regulation system.In order to maintain the unity of the system,to regulate the content as the standard for horizontal division,and to their validity as the standard for the vertical division is one of the most important.In contrast to the construction path of the legal system,the construction of inner regulation of the CPC has fully used the experience of the construction of the legal system.The inner regulation of the CPC and nation law are different but related.The Party Constitution and the Constitution are two sets of parallel system,two sets have the same attributes in essence the standard system,and the two coexist constitute an obvious feature of the construction of China ruling of law.The requirements of the inner regulation of the CPC are stricter than those of the nation law,and they are different in terms of their scope of work,authority and responsibility.Within the inner regulation of the CPC and national law,there is a link mechanism in the formulation,implementation and accountability.The inner regulation system of the CPC itself,the inner regulation of the CPC execution,the inner regulation of the CPC and nation law coordination and three aspects are inadequate,need further improvement from the formation mechanism,the regulations of the party propaganda and education mechanism,supervision mechanism,safeguard mechanism.