Research On The Rule Of Law Of The Chinese Communist Party's Discipline Inspection

Since the 18 th National Congress of the Communist Party of China(CPC),the discipline inspection of the CPC has played an unprecedented role in the CPC and even national governance.It is a realistic and urgent task to prevent abuse of power and ensure that discipline inspection can fully play its function.At present,there are still many deficiencies in the discipline inspection of the CPC in terms of ideological understanding,institutional mechanism,concrete practice and legal system,so it is necessary to apply legal thinking and legal means to solve these problems.The study of the legalization of discipline inspection of the CPC is of great significance not only to the innovative development of Marxist party building theory and the theory of socialist rule of law with Chinese characteristics,but also to the deepening of comprehensively governing the party with strict discipline in the new era and the construction of China under the rule of law.The discipline of the CPC is a compulsory behavior rule,which is formulated or recognized by the CPC and apply to party organizations at all levels and all party members.It has intra-party coercive power,and its purpose is to maintain the CPC's unity and to accomplish the CPC's tasks.The discipline inspection of the CPC,which is political,supervisory,disciplinary and exclusive,is a special supervision activity carried out by specific party organizations of the CPC and their members to observe and execute party disciplines in accordance with defined authority and procedures in order to maintain the discipline of the CPC.The thought of discipline inspection of the proletarian party has laid the theoretical foundation for deepening the discipline inspection theory of the CPC in the new era.From the history of the discipline inspection of the CPC,the discipline inspection plays an important role in safeguarding and promoting the construction of the CPC.With the deepening of the CPC's understanding of the rule of law and the promotion of the process of the rule of law,the level of the rule of law of the CPC's discipline inspection continues to improve.The ruling of the discipline inspection of the CPC according to the law is logically inevitable.First of all,the "special contractual relationship" between political parties and party members provides a theoretical basis for the discipline inspection of the CPC.Secondly,the discipline inspection of the CPC has a distinct attribute of public power and needs to be regulated by the rule of law.Thirdly,the discipline inspection of the CPC is based on the system of inner-party laws and regulations and the national legal system,both of which belong to the socialist rule of law system with Chinese characteristics.Fourthly,the implementation of the rule of law will help to strengthen and ensure the authority of the disciplinary inspection of the CPC.The discipline inspection of the CPC under the rule of law is not a one-sided "legalization",but the rule of law of socialism with Chinese characteristics can be incorporated into the system of discipline inspection of the CPC building,promote the thinking and the way of the rule of law in the practice of the discipline inspection to use.The elements of discipline inspection of the CPC include political legitimacy,substantive legitimacy,form legitimacy and procedure legitimacy.The discipline inspection system of the CPC should focus on standardizing the exercise of power,follow the socialist system of rule of law with Chinese characteristics,and contrast with the system of inner-party laws and regulations,including institutional construction,allocation of functions and powers,procedure setting,and supervision mechanism construction.The first three focus on restriction,the latter on supervision,so as to effectively regulate the discipline inspection power of the CPC.The premise of the ruling of the discipline inspection of the CPC according to the law is to construct institution according to the law,that is,institutional construction should be in line with the concept of the rule of law,with clear responsibilities,smooth mechanism and effective restriction.According to the division of "principal responsibility" and "supervisory responsibility",the CPC's discipline inspection organs include two categories: leading organs and specialized organs.The former should further clarify the position of responsibilities and ensure the implementation of responsibilities through improving the grass-roots leading institutions of the CPC and optimizing the establishment of the party's dispatched organs.The latter should further improve the institutional system and strengthen the internal control by optimizing the internal institutions and perfecting the establishment of resident institutions.The operation mechanism of the discipline inspection organs of the CPC mainly includes the leadership system and working mechanism,which should be improved from the aspects of the leadership of the party committees at all levels,the leadership of the higher commissions for discipline inspection at the lower levels,and the operation of the dispatched disciplinary inspection organs.In order to strengthen the construction of the work force of the CPC's discipline inspection organs,we should strengthen the education of the rule of law,cultivate the belief and concept of the rule of law,establish the access and withdrawal mechanism of the occupation,and improve the mechanism of the job security.Scientific and reasonable allocation of functions and powers is the basis of efficient operation of the CPC's discipline inspection under the premise of strengthening self-discipline.The power of discipline inspection of the CPC refers to the power enjoyed by the discipline inspection organs to exercise special supervision over the observance and enforcement of discipline by party organizations and party members in order to perform their duties within the party and safeguard party discipline.The power of discipline inspection of the CPC refers to the power enjoyed by the CPC's discipline inspection organs to exercise special supervision over the observance and execution of discipline by party organizations and members for the purpose of fulfilling party functions and duties and maintaining party discipline.This power comes from the authorization of all CPC members on the basis of the common will of the whole party.The clear definition of the concept of “the discipline inspection power of the CPC” is conducive to enhancing the authority,boundary,standardization and transparency of discipline inspection.According to the concept of rule of law,power can be effectively controlled from the inside.According to the principle of statutory power,appropriate power,consistency of power and responsibility,and separation of powers,the CPC's discipline inspection power can be allocated from five aspects,including the power of inspection and supervision,the power of disposal of clues,the power of examination of discipline enforcement,the power of trial of discipline enforcement,and the power of disposal of discipline.The ruling of the discipline inspection of the CPC according to the law cannot do without legal due process.The discipline inspection procedures of the CPC should follow three criteria.The first is the standard of independent value,including participation,rationality,neutrality and equivalence,timeliness and finality.The second is the standard of instrumental value,which includes strengthening the authority of the results,ensuring the correctness of the results,and enhancing the rationality of value selection.The third is the efficiency value standard,including the rapid and effective discipline inspection procedure and the reasonable allocation of discipline inspection resources.At present,the discipline inspection of the CPC should adhere to the problem orientation and demand orientation,pay attention to the problems existing in the elements and links such as jurisdiction,avoidance,defense,evidence and proof standards,and period and so on,and perfect the corresponding procedures from the perspective of the rule of law.It should standardize the daily supervision,restrict the examination of discipline enforcement,standardize the transformation of "four forms",and guarantee the rights of party members,so as to restrict the power more effectively.The supervision attribute of the discipline inspection power of the CPC and the harmfulness of its abuse determine the extreme importance of its supervision.The supervision for the CPC's discipline inspection power should adhere to the principles of the combination of adequacy and necessity,the combination of internal supervision and external supervision,the combination of power supervision and right supervision,and the combination of pre-event and post-event supervision.The inner-party supervision system of the CPC should focus on improving the inner-party supervision system from the following aspects: the supervision of the higher disciplinary inspection organs,the supervision of the leading organs of the party at the same level,the internal supervision of the disciplinary inspection organs of the party,and the inner-party democratic supervision and so on.The supervision system outside the CPC should be improved from the aspects of state organ supervision,democratic supervision,mass supervision and public opinion supervision and so on.