On The Theoretical And Practical Research Of Legislation Of The Party Regulations Since The Party's 18th National Congress

Since the 18 th National Congress of the CPC,the CPC Central Committee with Comrade Xi Jinping at its core has coordinated the Five-sphere Integrated Plan,the Four-pronged Comprehensive Strategy,grasped the historical mission of the great rejuvenation of the Chinese nation and the great changes unseen in the world in a century,and put forward a series of new ideas,new thoughts and new strategies.Against this background,the CPC has promoted combining law-based governance of the country and rule-based governance over the Party,and unprecedented progress has been made in developing socialist rule of law system with Chinese characteristics.The Fourth Plenary Session of the 18 th CPC Central Committee proposed that the overall goal of fully advance law-based governance of the country is to develop a socialist rule of law system with Chinese characteristics and build a socialist rule of law country."Forming a sound system of Party regulations" as an important part of the socialist rule of law system with Chinese characteristics,stressing that "Party regulations are not only an important basis for governing over the Party,but also a strong guarantee for building a socialist country based on the rule of law."Since the 18 th National Congress of the CPC,the Party Central Committee has comprehensively strengthened the Party self-governance in all respects and ran the Party in accordance with the existing laws,remarkable achievements have been made in building institutional arrangements of Party regulations,forming a relatively sound system of Party regulations,the authority and enforcement of Party regulations have been continuously strengthened.However,the study of Party regulations still faces the problems of theoretical construction and identification.Specific to the legislation of Party regulations,on the one hand,the national legislative theory has been relatively mature while legislative theory of Party regulations is still in the beginning,on the other hand,in the field of Party regulations research,there is more research on the system,implementation and guarantee of Party regulations,and the relevant achievements specializing in the the legislation of Party regulations are rare.The development of the legislation of Party regulations is related to the quality of the system of Party regulations and cause of strict Party self-governance in all respects success or failure,therefore,it is necessary to study the legislation of Party regulations systematically and exclusively,which are important entrances and pathways to understand combining Marxist Theory with China's Reality,and construct the socialist rule of law system with Chinese characteristics.The paper adopts comprehensive,historical,literature and hermeneutic research method,based on the basic national conditions of contemporary China in the stage of development in the new era of socialism with Chinese characteristics,taking the 18 th CPC National Congress as the basic time benchmark,organically combining legislative body,legislative power boundaries,legislative technology,and legislative procedure of Party regulations as the four basic elements(Four Elements)with the two dimensions of theoretical and practical development of the legislation of Party regulations.From the Four Elements,two dimensions,and the perspective of mutual intersection,by analyzing the development,achievements and deficiencies of the Party regulations since the founding of the Party,especially since the 18 th National Congress of the CPC,clarifying some basic concepts,the paper explores the theoretical enlightenment and improvement path for the future development of the Party regulations.The paper is divided into six chapters:Chapter One,It explains the basic theory of the legislation of Party regulations.First,several core concepts involved in the legislation of Party regulations are analyzed,such as the Party regulations,the legislation of Party regulations and the associated concepts of Party regulations,including the Party's normative documents,the Party's guiding documents,the system of Party regulations,the institutional system of Party regulations;Then focus on the Four elements of Party regulations,such as the legislative body,legislative power boundaries,legislative technology and legislative procedure of Party regulations,and analyze them carefully,laying a good foundation for the future expansion;Third,the value orientation of research on the Party regulations is summarized,and it is discussed from three aspects: the optimal option for realizing the modernization of national governance,the inevitable requirements for comprehensively governing the Party with strict discipline in all respects,and the effective measures to develop and improve running the Party in accordance with the existing laws.Finally,on the basis of Legislative Regulation of CPC Regulations,The basic principles are summarized into political,scientific and normative principle to make it more simple and practical.Chapter Two,Sorting out the source of thought of the legislation of Party regulations and looking back the history of the legislation of Party regulations before the 18 th CPC National Congress from the point of view of practice.The legislation of Party regulations has a profound ideological foundation.The thought of the legislation of Party regulations in different periods guides the development and progress of practice in the legislation of Party regulations in this period.The first section analyzes discourses and thoughts on the legislation of Party regulations of Marx,Engels,Lenin and other Marxist classical writers,analyzes the thought of the past leaders of the CPC,including Mao Zedong,Deng Xiaoping,Jiang Zemin and Hu Jintao,and summarizes the characteristics of the thought of each leader,so as to construct a complete theoretical evolution of the legislation of Party regulations.The second section retrospects the development process of legislative practice of Party regulations and summarizes the characteristics of legislative practice of Party regulations in different historical periods: the New Democratic Revolution Period,the Socialist Revolution and Construction Period,the Reform and Opening Up Period and the New Socialist Construction Period.Thus,so as to have a detailed and accurate grasp of the development and evolution of legislative practice of Party regulations.Chapter Three,Summarize the theoretical development of legislative theory of Party regulations since the 18 th CPC National Congress.Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era is the guiding ideology of the Party for the new era,there are also many theoretical innovations in the field of legislation of Party regulations.The fourth chapter summarizes the theoretical development of the legislation of Party regulations since the 18 th CPC National Congress in detail from five aspects,including adherence to taking the strict Party self-governance in all respects as the fundamental guarantee of Party's governance,to combining and promoting law-based governance of the country and rule-based governance over the Party,to the Party regulations and laws mutually promote and coordinate,improving the system of Party regulations as an important institutional key point for the Party's self-revolution,improving the institutions and mechanisms by which the Party regulations legislate to ensure that institutional arrangements of Party regulations is coordinated and promoted as a whole.Chapter Four,Summarize the development of legislative practice of Party regulations since the 18 th CPC National Congress.The Fouth Chapter sorts out the new achievements of legislative practice of Party regulations since the 18 th CPC National Congress,and summarize and organize the achievements legislative practice of Party regulations since the 18 th CPC National Congress comprehensively and systematically from three parts: the standardization of the legislative Four Elements of Party regulations,the proposal and improvement of the institutions and mechanisms by which the Party regulations legislate,and the preliminary construction of Party regulations and national laws coordination mechanism.Chapter Five,Put forward the current insufficiency of the legislation of Party regulations.Although great achievements have been made in the legislation of Party regulations,there are still some areas to be improved.The Fifth Chapter discusses insufficiency from the Four Elements,democratic mechanism,supervision mechanism of the legislation of Party regulations,and coordination mechanism of Party regulations and national laws.In the discussion method,it not only objectively summarizes the existing problems in practice,but also analyzes the reasons behind the challenges.Chapter Six,Discusses the persistence and innovation of future of the legislation of Party regulations.Where is the destination of legislation of Party regulations,how should it develop in the future.The Sixth Chapter gives the answer from the two perspectives of persistence and innovation.In theory,we need to be persistence.On the one hand,Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era should be taken as the guide for the legislation of Party regulations,including adherence to Party regulations at a strategic position concerning the long-term governance of the Party and the long-term peace and stability of the country,to improving the institutional guarantee for the Two Upholds,to using the Party Constitution as the overall basis for managing and governing over the Party,to implementing democratic centralism,and to promoting institutional arrangements of the Party regulations around the Party's and the national main work.On the other hand,we need to properly handle several pairs of major relationships of the legislation of Party regulations in future,including the relationship between the leadership of the Party and a people-centered approach,between the Party Constitution and the Constitution,between law-based governance of the country and rule-based governance over the Party,between the Party regulations and Party ethics,between procedural regulations and substantive regulations of the Party regulations;In practice,we need to be persistence.Mainly focused on the mechanism innovation of the legislation of Party regulations.Firstly,we should improve the Four Elements of the legislation of the Party regulations,consolidate and expand the institutional advantages;Secondly,we should improve the enforcement of Party regulations and turn institutional advantages into institutional efficiency.