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Governing The CPC Through Rules:inner-party Laws And Regulations Of The CPC In Changing Society

Posted on:2021-10-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Y WeiFull Text:PDF
GTID:1486306224951669Subject:Legal theory
Abstract/Summary:PDF Full Text Request
How to govern the Communist of Party of China(CPC)has been an important issue faced by the CPC,and the basic way to realize that is through inner-party laws and regulations.The generalized inner-party laws and regulations are not limit to standard files with formal clauses,while the forms are far more diverse;it includes all rules and regulations which constraints conducts of organs and members of the CPC,while the range is far more extensive;it concerns the construction of the CPC,while the connotation is far more abundant.Thus the history of the inner-party laws and regulations could date back to the foundation of the CPC.To trace back to the history of inner-party laws and regulations in depth through the linear time axis,which in fact inspect the practice of govern the CPC through observing the long history during the transitions of society,and thus to have a comprehensive understanding of it.After the foundation of CPC,how to have a better building and development of the CPC becomes the fundamental issue of the management and governance of the CPC.Under the guidance of Marxism-Leninism,the Programme of the first National Congress of the CPC confirmed that the fundamental political propose is to perform the revolution of society,and it also set rules on crucial issues towards members and organs of the CPC,thereby generated the inner-party rules and regulations.Through the constant learning of revolutionary ideas and the practice of revolutionary conduct,the historical mission of realizing national independence is specified by the CPC constitution,and the whole organization guarantees the fulfillment of the mission from ideology,organization and discipline.Under the guidance of the Mao Zedong Thought,the CPC strengthened the ideological organization construction by political code,and ensured the enforcement of inner-party laws and regulations by political disciplines,thus to instruct the construction and development of the CPC,achieve the victory of the revolution,and fulfill the historic mission in this stage.In brief,in accordance with the historic social conditions,the CPC established its historic mission and guaranteed the practice of historic mission by regularized inner-party rules and regulations,and it is the standardized and institutionized construction of the CPC during this period that established the foundation of the inner-party rules and regulations.Since the establishment of People's Repblic of China(PRC),the management and governance of the CPC is not only the issue of the party,but also the issue of the China'snational building.Not only does it concerns the development of the party,but also the prospect of the nation.At the beginning of the construction of the government,the primary issue dealt by the party is to consolidate the power,the key issue is to perfect the leading system of the party.Specifically,one is to improve the organization as well as the leading rules and regulations of the party,and to adjust to the new requirements for the governance by strengthening the standard system;another is to adjust the relationship of inner-party and the relationship between the CPC and the government by standardized rules and regulations of the inner-party,thus,to promote the efficient operation of the CPC and the nation,which in turns will safeguard the people's interests,by the political safety ensured by the harmonious and steady relationship of the inner-party and the relationship between the CPC and the government.However,due to the wrongful cognition and judgement of the situation as well as the wrongful understanding of the historical mission,frequent political movements almost replaced the steady operation of the system.On the one hand,the political movement directly delayed or even interrupted the construction of the CPC's system,on the other hand,it enacted some wrongful policy rules and practices,which brought about great frustrations to the party and the nation.Therefore,the tortuousness of the stage conversely proves that the construction of the institutionized and standardized rules and regulations of the inner-party is the fundamental guarantee of the party and the nation to develop.Since the Reform and Opening-up,how to realize efficient and good governance is the significant question the party has to deal with.Due to the painful lessons of the Great Culture Revolution and the urgent need to develop,Deng Xiaoping put forward that the state should have laws of the state,the party should have inner-party's rules and laws,inner-party's rules and laws and the laws of the state specifies the basic direction of the institutionized,standardized and legalized construction of the state and the party.Taking the economic construction as the center task,it ensures and promotes the development of the country's economic society through inner-party supervision,inner-party democracy and other inner-party policies.With the accumulation of the practical experience of the reform and opening-up,the guiding principles of CPC developed and innovated constantly from the constitution of the 12 th National Congress of the Communist Party of China to the 17 th National Congress of the Communist Party of China,and it adjusted to new historical mission.The construction of inner-party's laws and regulations stepped into the development from the restoration,and it gradually form the comprehensive,complete and scientificinner-party's laws and regulations.In general,since the Third Session of the 11 th Central Community of the Party,the CPC learnt the lesson of the Great Culture Revolution,the construction of inner-party's laws and regulations developed rapidly as it set the establishment and admiration of the authority of the party's constitution as the basis to strengthen the construction of the party's system.The construction of the party promoters the construction of socialist rule of law and also the development of socialist democracy.Since the 18 th National Congress of the CPC,large-scale,intensive and systematic construction of the inner party laws and regulations takes on the trend of institutionization,The inner-party laws and regulations also became the basic method or path to promote legalized and modernized governance of the party.The party established the standing principle of governing through rules,and strengthened the fully and rigor governance of the party from the construction of the institution.Meanwhile,in order to realize the aim of Rule of Law in China,it combined rule of law of the state with the rule of regulations of the party,thus to promote the effective connection between of the inner-party laws and regulations and the state's law.Within the specific construction of the inner-partylaws and regulations,one is to gradually form scientific founding system which will ensure the quality of the inner-party laws and regulations;another is to gradually form the inner-party's laws and regulations system of organization,leading,self-construction,supervision and others under the constitution which jointly constituted the “1+4”inner-party laws and regulations,the basic construction of the inner-part.This inner-party laws and regulations laid the foundation of fulfilling the inner-party laws and regulations.During the different time periods,the party was in different social circumstances while facing different historic missions and assignments,it always promoted the construction of the party through norms and institutions.Using the generalize inner-party laws and regulations as the major forms,the standardized and institutionized governance of the party has always been the mainstream,while the efficiency of the party's construction of institutions represented by the inner-party laws and regulations was determined by the party's historic mission and assignments.Under the linear time view,“foundation — exploration — development —institutionalization ” depicted the historic stages of the inner-party laws and regulations.What's more,it can be discovered that rule by regulations has been an important historic tradition of the party.The logic of the governance of the party which was taken on in the inner-party's laws and regulations stemmed from the tight connection between the fate of theparty as well as state and the nation,which generated by the action logic of fulfilling the historic mission during the special period under the specific guiding ideas.Moving towards better governance is not only the development direction and construction aim of the modern China,but also the historic mission of the CPC,in which the basic path and method to realize the rule of law governance of the government and party is the laws and regulations of the inner-party.The CPC's inner-party governance is the core of the China's state governance,the construction and fulfillment of the governments and part governance system have fundamental meaning towards consolidating the power,realizing good governance and promoting modernization.The party's guiding ideology is the ideological basis of the construction of the inner-party laws and regulations,the funding ideology is a specific appearance in the construction of the indoor party laws and regulations which seeing party self governance exercised fully and with rigor through efficient and powerful enforcement,thus to promote the realization of good governance through governing the party by regulations,and to ensure the party to give full play to the advantages of the system.As an important part of the rule of law system of socialism with Chinese characteristics,the inner-party laws and regulations system is bound to follow the construction and fulfillment of the principles of the rule of law system of socialism with Chinese characteristics.The political leading status during the rule of law construction determined the positive logical relationship between rule of law of governance the inner-party and the state.To understand within the inner-party laws and regulations,the jurisprudence of it is the principle of the regulations,logic,science,norms and efficiency are necessities,which reveal the rational handle of the form of the phenomenon of party governance.For this matter,the construction of government and party's rule of law need institutions matched the rule of law principle to secure,and the system of the inner-party laws and regulations which takes on the formal rules is the best arrangement.As a standardized measurement or arrangement,the primary requirement is good regulations.The good regulations means the high-quality of setting regulations as well as the regulations themselves are good.The former emphasized the legal validity of the procedure,the latter emphasized the morality.The aim of the good regulations is to realize good governance,and to constitute a powerful organization by forming the inner-party laws and regulations system to deal with the management risk,and settle down the realization of theefficient governance.In short,good regulations and good governance is the core aim of the construction of the inner-party laws and regulations.In the new era,the inner-party laws and regulations is the institutional basis for the CPC of realizing long-term ruling,government scientifically and democraticaly,governance according to doctrinces and principles of Rule of Law.The basic answer to how to govern the party is to govern through laws and regulations and by institutions.
Keywords/Search Tags:Inner-party laws and regulations, Society in Transition, Good Laws and Regulations and Good governance, Rules
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