Research On The Connection And Coordination Between The Inner-party Legal System And The National Legal System

"Paying attention to the connection and coordination between inner-party laws and regulations and national laws" is an important proposition for the construction of socialist rule of law with Chinese characteristics in the new era.The Fourth Plenary Session of the 18th CPC Central Committee made arrangements through the decision of the CPC Central Committee on several major issues of comprehensively promoting the rule of law.The Sixth Plenary Session of the 18th CPC Central Committee,the 19th national congress,the Fourth Plenary Session of the 19th CPC Central Committee and the meetings of the central Committee for the comprehensive rule of law continued to make theoretical elaboration and work arrangements.However,the academic research on the connection and coordination between the inner-party legal system and the national legal system is generally in the primary stage.The contention,collision and even divergence of theories reflect the academic distinction between legal politics and traditional positivist law.Without starting from the whole and essence,it is difficult to clarify the face of the rule of law with Chinese characteristics and grasp the relationship between inner-party regulations and national laws and the internal mechanism of connection and coordination.The connection and coordination between the inner-party legal system and the national legal system is ordered by the essential requirements of the socialist rule of law,which in turn demonstrates the essential characteristics of the socialist rule of law.Based on the contemporary rule of law that originated in Chinese soil and taking "the rule of law under the leadership of the party" and "the leadership of the party under the rule of law" as the core clue,this study discusses and demonstrates the theoretical and practical problems of the connection and coordination between the inner-party legal system and the national legal system.This study consists of seven chapters,which mainly studies the basic categories,coordination status and coordination ideas of the connection and coordination between the inner-party legal system and the national legal system of socialism with Chinese characteristics.Introduction.Explain the reason for choosing the topic,the basis of the proposition,the significance of the research,etc.The core issue of China’s rule of law is the relationship between the party and the law.The Communist Party of China adheres to its activities within the scope of the Constitution and laws and takes the rule of law as its basic strategy.At the same time,it is clear that the party’s leadership is the most essential feature of the socialist rule of law with Chinese characteristics,and the rule of law should be promoted in an orderly manner under the leadership of the party.This spirit is not only written into the party constitution,but also an important principle of the Constitution and law.Starting from the most essential characteristics,it is the basic position that the academic circles should hold to study the problems and phenomena of the rule of law in China.The decision of the CPC Central Committee on several major issues of comprehensively promoting the rule of law adopted at the Fourth Plenary Session of the 18th CPC Central Committee made the policy deployment of "adhering to the organic unity of rule of law and rule of the party" and "paying attention to the connection and coordination between inner-party regulations and national laws".The regulations on the formulation of inner-party regulations of the Communist Party of China clearly "pay attention to the connection and coordination between inner-party regulations and national laws"."Convergence and coordination" is the basis of "organic unity",and "organic unity" is the goal of "convergence and coordination".To realize "organic unity",we must solve the problem of convergence and coordination between the inner-party laws and regulations and the national legal system.Taking this as the topic,this study tries to clarify some differences in theory and increase the theoretical supply required by the practice of the rule of law.This chapter also combs the existing research results at home and abroad to open the vision of theoretical reference.The first chapter is the basic category of cohesion and coordination.There are mainly the following pairs of basic categories.The party and the state are a pair of categories based on the fundamental system.The party’s leadership system is the core of the national political system,and the party occupies a leading central position in the national organizational structure.Party and law are a pair of categories based on the core issues of governing the country according to law.Governing the country according to law is governing the country according to law under the leadership of the party,and the leadership of the party depends on the implementation of the rule of law.Party Constitution and constitution are a pair of categories based on the status of parent law.They belong to different normative systems and have strict internal consistency.They can not be confused or simply separated.The inner-party legal system and the national legal system are a pair of categories based on the relationship between legal principles.We should jump out of the text concept of "law" in a narrow sense to see their origin relationship.In fact,they have the characteristics of mutual influence and mutual origin,and show the characteristics of different ways,such as explicit and implicit,direct and indirect,binding force and influence.Political and normative are a pair of categories based on the attribute function of law.The political attribute inner-party regulations and systems is the first,and the normative attribute of national legal systems is the first.The basic category research touches on and clarifies the trend and functional characteristics of the relationship between the sources of law,and implements it into the entity of laws and regulations,focusing on the relationship between the "upper" and "this" of the Constitution and the party constitution,which is the initial origin of connecting and coordinating ideas.The second chapters are the current situation of cohesion and coordination.Two chapters are used to make an objective assessment of the actual state of cohesion and coordination.The inner-party laws and regulations system and the national legal system are highly coordinated as a whole,and there are many points of disharmony in some parts.The third chapter analyzes the harmonious integrity of the inner-party legal system and the national legal system,which is reflected in:the overall layout and strategic layout of the party and the state have complete systematicness and internal complementarity;The inner-party legal system and the national legal system support the socialist legal system with Chinese characteristics,which has clear directivity and common foundation;The rule of law construction policy of organic unity of governing the party according to regulations and governing the country according to law has profound practicality and valuable experience;The important system and mechanism of the party leading legislation has the consistency of legislative objectives and the synergy of steps;Wait.These belong to the macro environment of the political system and leadership system,which is the premise and guarantee of overall coordination.The fourth chapter focuses on the multi-point disharmony between the inner-party legal system and the national legal system.Reflected in:the inaccurate definition of "regulation" and "law" leads to the fuzzy extension boundary;The lack of self consistency within the system and the lack of mutual appropriateness between the systems coexist;The extreme importance of Party government relations forms a"double-edged sword".This chapter uses a long length,using comparative analysis,intensive analysis and empirical analysis to analyze,summarize and refine the concrete images of the attribute and function fit between the substantive text of inner-party normative documents and administrative normative documents and the "law",the internal self consistency and external mutual appropriateness of the two legal systems,and the "red head documents" daily used in the leadership behavior of the party and government,which are contrary to the principle and spirit of the rule of law from formulation to implementation.These two chapters put forward the argument of overall coordination and local disharmony between the inner-party legal system and the national legal system,which is based on detailed empirical analysis,establish theoretical self-confidence and problem orientation for the realization of cohesion and coordination.The third chapter is the determination of extension and functional connection.In essence,on the basis of the existing consensus on inner-party regulations and national laws,it still adopts the method of empirical analysis to screen the effectiveness and function of the "law"of the normative documents of the Party committee,the National People’s Congress and the government,and puts forward the types of documents that should be included in the "rules" of "governing the party according to rules" and the "law" of "governing the country according to law",so as to realize the theoretical proof that the "inner-party regulations system" and "national legal system" are the basis for governing the party and the country.This paper further expounds the functional status of various normative documents in the legal system,and puts forward that the inner-party normative documents prepared and issued by the Party Central Committee have a commanding "upper"position;The non legislative normative documents of the Legislature are legally binding;Administrative normative documents are in the status of"law enforcement".Thus,it determines the extension and annotation connotation for the typed construction of the two institutional systems and the establishment of coordination benchmark.The fourth chapter is the typed structure of the relationship between the two legal systems.Based on the "fundamental" and "superior relationship between the party constitution and the constitution,the inner-party laws and regulations and the national legal system are scattered and integrated,and the guiding and auxiliary functions of normative documents are connected,this paper puts forward the tree model of the overall structure.This paper analyzes the level,adjustment object,applicability and other elements of the corresponding relationship within the framework of this system,decomposes the corresponding types of the inner-party legal system and the national legal system into the types of mutual intervention,mutual intersection and complete coincidence,and expounds its internal relationship to realize the abstraction from complexity to simplicity.The fifth chapter is the principles and benchmarks of cohesion and coordination.The principle of cohesion and coordination should be consistent with the principle of the construction of the rule of law.The party’s leadership is the primary principle,the people’s main body is the core principle,the rule of law is the basic principle,integrity and innovation is the dynamic principle,and system integration is the technical principle.The party constitution and the spirit of the constitution are the general benchmark for connection and coordination,including the general basis of legislation,the general basis of top-level design and the general criterion for the orderly separation and integration of the legal norm system.The sixth chapter is the specific standards of cohesion and coordination.Based on the general principle and general benchmark,this paper expounds the connection and coordination standards of the three types of relations,as well as the standards of time and space modesty.The type of mutual non intervention focuses on the field of legal reservation,the field of administrative reservation and the field of full and independent adjustment of inner-party regulations.The three fields constitute the standard of non intervention.The type of mutual intervention:determine the abstract confirmation standard according to the principle of mutual assistance,and determine the specific acceptance standard according to the political strength.The type of intervention coincidence is determined according to the strength of the party’s dominant position and the way of writing.The modesty standard of space and time mainly puts forward the modesty requirements of connection and coordination for the different characteristics of field and matter space and object space,as well as the implementation process characteristics of the tradition of "before the party and outside the party".The standards of the first three types of relations are mainly aimed at the legislative level;The modest standard of space and time is mainly aimed at the implementation process.The seventh chapter is the path of cohesion and coordination.It mainly includes the high-level promotion path for the Party committee to take the overall situation and coordinate all parties,the comprehensive supervision path for the party supervision to lead all parties’ supervision,the discipline law linkage path for the judicial connection of discipline enforcement,as well as the error prevention and correction path for the record review,rights and interests protection,discipline interpretation and law interpretation,and the education and training path for the combination of law popularization and examination.The above text structure is a logical process of three-step gradual evolution.The first step is to elaborate several pairs of basic categories to provide macro background and objective environment for the realization of cohesion and coordination;Analyze and judge the actual state of cohesion and coordination,so as to provide subject awakening for the realization of the expected state of cohesion and coordination.The second step is to determine the extension of the two legal systems,and incorporate the normative documents with the attribute and function of "law" into the institutional system on which to govern the party and the country,so as to provide a complete institutional ontology for the realization of connection and coordination.On this basis,according to the principle of structure and function,two institutional system structure diagrams are drawn.Within this structural framework,the level and effectiveness of position and stratum,the object and scope of adjustment,the nature and strength of adjustment are the basic elements to identify the corresponding relationship.Then it puts forward three main types:mutual intervention,mutual intersection and complete coincidence,and analyzes the different characteristics of the principle of the rule of law under the leadership of the party in the two systems,such as abstraction and concreteness,indirectness and directness,continuity and principle,hard constraint and soft constraint.The third step is to put forward the principles,objectives,benchmarks,standards and paths of cohesion and coordination,and finally complete the theoretical proof and thinking design of cohesion and coordination.