Research On Mixed CPC Rules

Central Committee of the CPC amended the Regulations of the CPC Development of Intra-Party Regulations in 2019,stipulating that “If the development of intra-Party regulations involves a matter within the competence of the government,Party and government agencies may jointly effect the development.” This regulation accepts the behavior that CPC and government agencies may jointly make laws together,and endows the Co-legislations with the attribute of the inner-party regulations.In this paper,the“mixed party rules” refers to the Co-legislations which are made by CPC and government agencies,while the “pure party rules” refers to the regulations which are simply made by organizations of CPC.The mixed party rules are made by the Regulations of the CPC on Development of Intra-Party Regulations.At the same time,they are made by CPC and government agencies that are in the same level and they should focus on the powers of the CPC and government agencies.The mixed party rules are the characteristics and advantages of the rule of law in China,which fully embody the organic unity of adhering to the leadership of the CPC and adhering to the strategy of governing the country by law.They widely exist and play an irreplaceable role in the existing practice of rule of law.However,based on the model of the mixed combination of the CPC and the government,there is a natural difference between the mixed party rules and the pure party rules and the national laws.So,mixed party rules can neither fit perfectly with the traditional theoretical systems nor the practice mechanism of the laws and regulations of CPC and the national law.There are also significant differences in implementation and operation between them.At present,the absence of basic theory has caused many disputes for the existence of mixed party rules,and the defects in concrete practice have also become an urgent problem to be solved in the operation of mixed party rules.In order to further understand and standardize the mixed party rules and its related practice,this article takes the mixed party rules as the object,and studies from the following six parts.The first part is the introduction of the article,which mainly discusses the background,the significance,the research status,the research methods,and the innovation.The purpose is to make a general introduction.The second part is about the basic category of the mixed party rules,which talks from the concept and characteristics,the types and utility,the names and attributes,and the relationship with other similar concepts.The third part is the justification of the mixed party rules.This part is going to explore the internal mechanism and the legitimacy of the mixed party rules with the following theories: theory of the leadership of the CPC,the cost-benefit theory of rule of law,the coordination theory of the relationship between the CPC and the government,and the theory of institutional change.The fourth part is about the academic carding of the development and operation of the mixed party rules.In order to achieve the purpose of comprehensive inspection of the mixed party rules,this part is based on the history and analyzes the practice and operation of the mixed party rules.The fifth part focuses on the difficulties about how to make the mixed party rules legal.The formulators,the establish procedures and the record review are the main problems.The sixth part is the construction of the rule of law mechanism of the mixed party rules.This part will put forward the construction direction of the mixed party rules and give four suggestions from the following aspects: one is to figure out the scope of application,the second is to clarify the producers,the third is to remakes the legislative procedure,and the last is to perfect the supervisory mechanism.All in all,as the special laws and regulations of CPC which is made by CPC and government agencies,the mixed party rules are the product of the party system with Chinese characteristics.The study on the mixed party rules can not only help to promote the understanding of the mixed party rules,which is a rule of law phenomenon with Chinese characteristics,but can also help to clear up the misunderstanding of it.In addition,it can provide suggestions for the development of the mixed party rules,and promote the improvement of the socialist rule of law system with Chinese characteristics.