Research On Filing Review System For Intraparty Regulatory Documents

Since the 18th National Congress of the Communist Party of China,the Communist Party of China has consolidated the legitimacy and legitimacy of governance by continuously deepening the comprehensive and strict governance of the party and the construction of the rule of law within the party.This includes reconstructing the socialist legal system with Chinese characteristics,determining the timetable and road map for forming a relatively perfect system of inner-party laws and regulations,building a more effective and powerful supervision system of the party and the state,and straightening out the relationship between inner-party laws and regulations and national laws.These practical efforts have demonstrated the fruitful results of the construction of the rule of law within the party.In fact,it is not only a mature concept and practice of the party’s leadership system,but also a mature concept and practice of the party’s rule of law.Therefore,improving the quality and effectiveness of the party’s system construction has become the premise and basic condition for controlling the power within the party.The written form of the party’s system mainly includes two types:one is the party regulations,and the other is the intraparty regulatory documents.Among them,the intraparty regulatory documents are an important tool for the Policy Governance and leadership of the Communist Party of China and an integral part of the party’s leadership.Therefore,compared with party regulations,intraparty regulatory documents can be widely applied in the party organization system at all levels of the central,local and grass-roots level.What’s more,under special or specific circumstances,intraparty regulatory documents can "interrupt"the implementation effectiveness of normative legal documents by means of policy"first try".In view of the key role of intraparty regulatory documents in the process of Party and state governance,the effective regulation of their formulation process,text and the power behind them has become the top priority to realize the rule of law within the party and the construction of China under the rule of law.The filing review system for intraparty regulatory documents has assumed the role of this system.The filing review system for intraparty regulatory documents is a set of postsupervision system established by the Communist Party of China to adjust and standardize the filing,review and processing of intraparty regulatory documents.The governance mode established by the filing review system for intraparty regulatory documents is mainly aimed at the review and supervision of intraparty regulatory documents,which is similar to the filing review system of party regulations,the filing review system under the guidance of the National People’s Congress system and the filing review system under the guidance of the administrative system.However,the differences between it and the above-mentioned relevant systems in terms of adjustment object,coverage subject,application subject,review content,review method,review organization,review matters and standards,handling procedures and so on are obvious.Since the essence of the filing review system for intraparty regulatory documents is the institutional product formed by the overlapping,integration and correlation of political logic and legal logic,we can try to start from the interdisciplinary perspectives of legislative supervision theory,administrative selfcontrol theory,legal unity theory,good law and good governance theory,political power theory,special power relationship theory and so on,Establish the possible internal relationship between the legitimacy basis of theory and system.The filing review system for intraparty regulatory documents is the product of history.The extension of historicism can reveal the historical clues of the system.The inner-party supervision system and the inner-party request for instructions and report system together provide the institutional source needed for the construction of the filing and filing review system.Including the unity of centralization and decentralization,the reconstruction of legalization and the strengthening of the concept of rule of law,the internal tension of the construction of intraparty regulatory documents and other social background factors,which gave birth to the political,ideological and practical basis needed for the establishment of the system.The evolution of the filing review system of intraparty regulatory documents has gone through the initial establishment stage from 1990 to 2011,the system finalization stage from 2012 to 2018,and then the system improvement stage from 2019 to now.This process is accompanied by the transformation and upgrading of the system from "legalization" to "legalization" The system evolution logic from "formal rule of law" to "jurisprudential rule of law" and from "functionalism" to "normative dominance".Through the investigation of the institutional practice process of the filing review system for intraparty regulatory documents,we can find the implied institutional logic behind it,including the structural logic of the unity of the whole and part,the organizational logic of the unity of vertical and horizontal,the governance logic of the unity of authoritative system and effective governance,and the action logic of the unity of technical governance and empirical governance.These system logics provide the legitimacy basis for the practice of filing and reviewing normative documents within the party as a whole.In addition to the practice of filing,review and governance,the setting of the content of the system itself also needs to establish the internal identity of the audience to the system from the perspective of legitimacy.The filing review system for intraparty regulatory documents has shaped the response and recognition strengthening mechanism to the legitimacy audience and institutional stakeholders from the aspects of regulatory legitimacy elements,normative legitimacy elements and cognitive legitimacy elements.The filing and review system and practice of intraparty regulatory documents are the product of organization,which is reflected in the quasi bureaucratic nature of the filing and review organization,the technicality of the members of the filing and review organization,the hierarchy and responsibility sinking of the filing and review organization,the adaptability between the comprehensiveness of the filing and review work and the institutional environment,and the organizational incentive of the filing and review work.These organizational characteristics constitute the key basis for understanding the governance of the filing,review and administration of normative documents within the party.From the formal level,the filing review system for intraparty regulatory documents mainly includes the following governance mechanisms and components:the filing and review mechanism with the upward responsibility mechanism and multi department coordination mechanism as the core,the filing and review responsibility mechanism with the main responsibility,overall planning responsibility,leading and cooperation responsibility and supervision responsibility as the content,and the filing and review responsibility mechanism based on the pressure system,It is a record review guarantee mechanism composed of conventional supervision mechanism,assessment mechanism and incentive mechanism.The purpose of investigating the content of the system is to find the structural problems in the practice of the system,which are embodied in:the preference and inclination of review behavior,subjectivity of filing process,separation of review and handling,substitution of internal working mechanism,formality of linkage mechanism between filing and review.The connection and interaction between the above mechanisms show the basic picture of institutional practice.All kinds of problems reflected in the process of institutional practice can be explained through the theoretical framework of "adaptive governance"."Adaptive governance" is a governance model derived from China’s traditional political party state system.Among them,the concept of "adaptability" absorbs the contents of governance flexibility,political party initiative,policy flexibility,ability adaptability,problem responsiveness,resource integration and so on.The concept of"governance" shows a diversified content structure,including governance,management,functionalism and instrumentalism.The content and local practice of the filing review system for intraparty regulatory documents show some characteristics and internal relations of "adaptive governance",which are reflected in three aspects:the flexible switching between formal and informal mechanisms,the superposition and integration of Policy Governance and technical governance,and the cycle of conventional governance and sports governance.Similarly,the institutional characteristics of"adaptive governance" are also reflected in the specific links and contents such as directory submission,document identification,notification mechanism,review standards,guiding cases and processing process.However,the practice of the filing review system for intraparty regulatory documents based on the mode of "adaptive governance" often exceeds the necessary limit and runs counter to the concept of legal governance.The way to solve the problem lies in:in the construction and practice of the filing review system for intraparty regulatory documents,we should adhere to the logic of the rule of law,bring the "rule of law" into the framework structure of "adaptive governance",rebuild the theoretical model of "adaptive governance",and promote the gradual optimization of the filing review system for intraparty regulatory documents.