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A Study On The Implementation Mechanism Of Inner-Party Laws And Regulations Of Chinese Communist Party

Posted on:2018-05-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:G M MoFull Text:PDF
GTID:1366330542965805Subject:Law
Abstract/Summary:PDF Full Text Request
It is very important to form a set of governance rules suitable for economic and social development during the governance of a modern country and a society.The concept of rule of law in modern times is a political governing agenda.It means all the social life should be governed by rules and through such good laws an open and well-order society will achieve.The Fourth Plenary Session of the Eighteenth Central Committee of the Party has past "the decision on a number of important issues in relation to comprehensively implementing governing the country by law".The decision has incorporated the perfection of Inner-Party Legal System into the Construction of Socialist legal system with Chinese Characteristics.As a code of conduct to adjust the Party work,activities and Party member'sbehavior,the inner-party laws and regulations,together with the national laws,formsa complex management rule system,namely "one car two wheels" in the stategovernance system.The Communist Party,as the ruling part of China,has been witnessing thepolitical practice of its long-term ruling and one party ruling.However,in new era,the party is facing the "four tests" and "four risks".To ensure the smooth progress of the cause of the party and the state,the party must strengthen the institutional construction.The inner-party laws and regulations are important basis for the regulation of the party itself,as well as the strong guarantee of socialist country under the rule of law.The inner-party laws and regulations are the main contents of the party institutional construction.Strengthening the study of the inner-party laws and regulations is an inevitable requirement for communist party to regulate itself and adhere to rule of law.It is also a necessary requirement for the party to fully deepen the reform and promote the modernization of the state governance system and governance capability.This dissertation is going to discuss the implementation mechanism of inner-party laws and regulations from four aspects as the implementation,application,observation and supervision of inner-party laws and regulations,and it consists of six parts.The first part is introduction.The introduction analyzes the role and effect ofinner-party laws and regulations in our political practice from a macro perspective.It points out that the construction of inner-party legal system is necessary for the party to enhance its ruling capacity and to strengthen its ruling foundation.It is also inevitable for the strategy of running a state under the rule of law.From the literature review of the study of inner-party laws and regulations,it is stated that,firstly,the theoretic research of it needs to be studied further.In facts,many questions need to be elaborated profoundly,for example,the importance effect of inner party laws and regulations,the role it plays,the relationship between inner party laws and regulations and state laws,and the allocation of duties and rights.Secondly,the study of implementation mechanism of inner-party laws and regulations needs to be refined.The research of implementation mechanism and other related theoretic studies are rare.In practice,due to the lack of such study,many inner-party laws and regulations have not been implemented accurately.And various understandings of such laws and regulations significantly undermine the effect of them.Hence,the study of implementation mechanism of inner party laws and regulations is of great importance.The second section(the first chapter)are analyses of the basic theories on the implementation of inner-party laws and regulations.This part mainly stresses three aspects of inner-party laws and regulations:dual attributes,the relationship between the Party regulations and laws,the value orientation.This article hold a basic and core view that inner-party laws and regulations have the attributes of law and politics.The research about the inner-party laws and regulations and its implementation must be based on this dual attributes,otherwise it can not explain the phenomena and problems in the implementation process of the law.The relationship between inner-party laws and laws are mainly from the macro perspective which express the two relations,the scope of adjustment and the adjustment of social relations.The moral value orientation towards the implementation of inner-party laws and regulations is a basic and core view of this article.The third section(the second chapter)do the researches from the implementation point of view to analyze the implementation mechanism.This part mainly analyzes the main body,the characteristics and the implementation guarantees and other issues of inner-party laws and regulations.At the same time,according to the current study of the basic regulations,the party systemic mainly based on overall layout of the construction of the party which consider the party constitution is the basis,the following organs are several modules organization regulations and the rules of party leadership and the party's self construction and party supervisions.On this basis,this section carries out the corresponding analysis in each field about the implementation of inner-party laws and regulations.According to the basic procedure,this chapter takes an example of the Party Commission for Discipline Inspection Supervision and discipline program.This section carries out the procedures for the implementation of party regulations.The forth section(the third chapter)is the analysis of the implementation of the party regulations from the applicable point of view.This chapter,in addition to the analysis of the applicable subject,characteristics,basic principles and functional significance of the party regulations,but also the analysis of the basic procedure for the application of party regulations,and the analysis of the scope of the case,the procedure,the results of the approval and treatment in the application of partyregulations.In addition,the focal point of this chapter is the issue of theinterpretation of party regulations,which focuses on the current situation andproblems in the interpretation of party regulations,and points out that the improvement of party regulations' interpretation mechanism should not only focus on the basic normative form,but also pay special attention to the establishment of the party regulations' interpretation mechanism,and by constantly refining theexperience of the academic interpretation,makes it can be used for the system and the collective.The fifth section(the forth chapter)analyzes the implementation mechanism of the inner-party regulations from the point of compliance.This paper analyzes the general theory of inner-party regulations' compliance.In addition,this chapter focus on the point of problems which are meeting in the process of applicating inner-party regulations.The author analyzes two cases of inner-party laws and regulations'"spillover effect".The one attributes to inner-party laws and regulations' political nature;the another attributes to influences of the party's leadership,which does not have influences in the law strictly.The sixth section(the fifth chapter)is studies and research on the related issues of supervision and relief in the party.The main task of inner-party supervision is maintaining the unity of party,and the effective implementation of CPC's Constitution,regulation and discipline.Based on this reason,this chapter focus on the point of party's legal system supervision which is around the duties of inner-party supervision system.What's more,this chapter also studies the related problems of the inner-party laws' relieves,including the ways of inner-party laws'relieves,the forms of responsibility,and the state's power relieves.
Keywords/Search Tags:inner-party laws and regulations, implementation mechanism, the system of inner-party laws and regulations
PDF Full Text Request
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