| Strengthening the construction of the party's laws and regulations is an important way to promote comprehensive and strict governance of the party and enhance the party's ability to govern and leadership.As an important part of the construction of the party's internal laws and regulations,the formulation of internal party laws and regulations is of great significance for building a perfect internal party laws and regulations system and improving the applicability of internal party laws and regulations.Since its establishment,the party has always attached importance to the formulation of internal party laws and regulations,and focused on the positive functions of internal party laws and regulations in building ideological consensus,adjusting party relations,and strict discipline and rules in different historical periods.After a hundred years of development,the formulation of laws and regulations within the party has formed beneficial experience based on practice,extensive participation,multi-category integration,overall planning and coordination,and the level of procedural,scientific,and institutionalized has gradually improved.Under the background of comprehensively advancing the rule of law and the rule of the party,adhere to the rule of law and the rule of law to promote strict rule of the party,improve the system and mechanism of the formulation of laws and regulations within the party,and improve the rule of law within the party.As a systematic project,the formulation of internal party laws and regulations requires the formulation entities to improve the quality of the text of internal party laws and regulations in accordance with established procedures and technical specifications within the formulation authority.However,in the practice of making laws and regulations within the party,there are still problems such as limited subjects,inconsistent technical specifications,and irregular guarantee activities.Therefore,this article,based on combing the century-old history of the formulation of internal party regulations and summing up historical experience,is based on the actual formulation of internal party regulations,clarifies the deficiencies of internal party regulations in the formulation of subjects,technical specifications,and safeguard activities,and draws on legislation.Theory,and strive to put forward targeted suggestions on the specific links,specific methods,and specific guarantees of the formulation of laws and regulations within the party.In addition to the introduction and conclusion,the main body of the full text is divided into five chapters:The first chapter sorts out the origin of the concept of internal party laws and regulations,and at the same time clarifies the identification standards and unique functions of internal party laws and regulations.Tracing the concept of internal party regulations,we can find that from the perspective of language,the term internal party regulations was first proposed by Mao Zedong in 1952 when he revised the "Selected Works of Mao Zedong"(Volume 2).Scholars generally believed that the Sixth Plenary Session of the Sixth Central Committee of the Party What I mentioned above is actually the term "party regulations." The connotation of Rules and Regulations within the Communist Party of China and regulations has mainly experienced three stages of change: "emphasis on party discipline","emphasis on the relationship between Rules and Regulations within the Communist Party of China and national laws",and "improving the institutionalization of Rules and Regulations within the Communist Party of China and regulations".Clarifying the inclusive relationship among the three concepts of party regulations,party discipline,and party rules is the basis for a correct understanding of the concept of party regulations.In the course of historical development and practical operation,internal party laws and regulations have formed their own criteria for judgment.Inner-party regulations are the embodiment of the party's unified will,and at the same time a code of conduct,which can be applied repeatedly under the same circumstances and is guaranteed to be implemented by the coercive force of the party.As the basis for governing the party,Rules and Regulations within the Communist Party of China and regulations have unique functions in maintaining the political ecology within the party,improving the socialist rule of law system with Chinese characteristics,and realizing the modernization of national governance.These characteristics and functions of formal party regulations provide the necessity and importance for discussing the formulation of party regulations.The second chapter combs the development pattern of the party's laws and regulations in different stages from a historical perspective,and summarizes the logic and experience of the evolution of the party's laws and regulations.Based on the historical development of the party and the characteristics of the era of the construction of internal laws and regulations,this chapter divides the historical evolution of the establishment of internal laws and regulations into the initial foundation period(1921-1949),the tortuous development period(1949-1978),and the recovery development period(1978).-2012)and the period of innovation and perfection(2012 to present).The formulation of regulations within the party during the initial foundation laying period mainly focused on the construction of organization and discipline,and the systematic language was lacking in standardization.During the tortuous development period,attention began to be paid to the relationship between the party and the government and the leadership of the party was emphasized.The types of regulations within the party were gradually diversified,but there were still disadvantages such as weak system,standardization of provisions,and insufficient stability.The formulation of internal party laws and regulations began to focus on the systemic and normative construction of internal party laws and regulations during the period of recovery and development,but there were still shortcomings in the balance of adjustment fields.In the period of innovation and perfection,the formulation of internal party laws and regulations paid more attention to science,system,and coordination,and the text quality of internal party laws and regulations was greatly improved,which provided basic compliance for the party in accordance with regulations.The construction of laws and regulations within the party in each period closely revolves around the actual development of party affairs at that stage,always follows the leadership of the party constitution,regulates party affairs relations through formal systems,and shapes the image of the party's advanced nature and purity.The third chapter is based on the practice of making laws and regulations within the party,and discusses the following principles,system operation,procedural requirements,technical norms and safeguard activities of the making of laws and regulations within the party.The formulation of internal party laws and regulations must adhere to certain principles to be guided.This kind of guidance runs through the entire process of formulation and guarantees the value orientation and standards for the formulation of internal party laws and regulations.As a system function,the formulation of regulations within the party includes the formulation of systems,formulation of procedures,formulation of technologies,and formulation of guarantees.The formulation system involves the division of formulation powers.In addition to the formulation subjects clearly stipulated in the 2019 Regulations,this chapter also sorts out the exercise of formulation powers in pilot cities,providing a practical basis for the current exploration and optimization of the formulation system.The formulation procedure includes the preparation phase and the formulation and establishment phase,and certain technical requirements should be followed in each phase.The formulation technology mainly involves activity management technology,structure building technology,language expression technology and overall coordination technology,which provides normative guidance for the whole process of formulation.The formulation of laws and regulations within the party also includes a series of safeguard activities such as interpretation,filing and review,and clean-up.These are all extensions of the formulation activities to ensure the effective development of the formulation of laws and regulations within the party.When reviewing the formulation and operation,we can find that the institutionalization and systemization of formulation as experience and direction has not been truly realized in practice.The fourth chapter analyzes the actual dilemma of the party's legal formulation in terms of system,technology and guarantee activities.In terms of the formulation system,at this stage,the power to formulate is only granted to the party committees of provinces,autonomous regions,and municipalities directly under the Central Government.This is not conducive to supporting the establishment of central party regulations,and it is not conducive to promoting the rule of law in local party regulations,and it is not conducive to party regulations.Link with national laws.At the technical level,there are deficiencies in the party's law-making activities such as unclear boundaries of adjustment matters,incomplete publication procedures,and improper operation of safeguard activities.The ideological,technical,and ethical nature of the party's laws and regulations determines that these characteristics must be reflected in the formulation of the party's laws and regulations.By investigating the text of internal party regulations,we can find that the text's article structure and language expression do not conform to the standardization requirements of internal party regulations,which hinder the establishment of the system of internal party regulations.The fifth chapter mainly discusses the practical dilemma based on the formulation of laws and regulations within the party,and proposes a series of targeted improvement measures.In the face of institutional difficulties,sub-provincial cities and provincial capital cities can be given limited formulation powers.This assignment must strengthen supervision,and must not harm the centralized leadership of the Party Central Committee,and must not go against the unified will of the Party.As far as technology is concerned,the formulation of laws and regulations within the party should pay attention to the use of technology and enhance the concept of technology.The Party Central Committee may issue the "Technical Standards for the Formulation of Rules and Regulations within the Communist Party of China and Regulations of the Communist Party of China" to provide unified guidelines for the formulation of technologies.In the interpretation of internal party laws and regulations,the interpretation procedures should be standardized,the interpretation methods should be broadened,the central and local interpretation work mechanisms should be improved,and the initiative of the central and local levels should be mobilized.The filing and review of internal party regulations should be coordinated with the Ministry of Law of the State,and multiple methods of internal review and external review should be expanded.Regular and active clean-up of internal party laws and regulations is an important way to achieve systematization and standardization of internal party laws and regulations.In specific operations,the subjects,methods,and standards must be clarified,and the clean-up work must be implemented.In practice,the formulation of laws and regulations within the party manifests itself in many forms,and the optimization of guarantee methods is an effective way to improve the system of formulation of laws and regulations within the party. |
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