Research On The "Spillover" Of The Adjustment Scope Of Party Regulations

The "spillover" phenomenon of Party regulations is not only a key problem that must be faced in promoting the basic theoretical research of Party regulations,but also an important node to clarify the relationship between Party regulations and state laws,and an inevitable practical problem in ensuring the coordination of the socialist rule of law system with Chinese characteristics.However,at present,the "Spillover" phenomenon of Party regulations is still in the following difficulties: firstly,due to different research fields,the discussion on the "Spillover" phenomenon of Party regulations is still hovering between "effectiveness Spillover" and "influence Spillover".Secondly,as a realistic and inevitable objective phenomenon,the theoretical thrust of the "Spillover" of Party regulations is relatively weak and needs to be further improved.Thirdly,there are still many deficiencies in the "Spillover" of Party regulations,which needs the unremitting efforts of the theoretical circle to provide a perfect scheme.In order to make the "Spillover" phenomenon of Party regulations break through the constraints of the above research dilemma,this research will follow the basic idea of "positioning problems-analyzing problems-solving problems",and make an in-depth exploration on the "Spillover" phenomenon of Party regulations.Firstly,position problems.Clarifying the discussion field of "Spillover" of Party regulations is the premise and basis of in-depth research.At present,relevant studies mainly locate it as "effectiveness Spillover" or "influence Spillover".However,there are logical errors in the combination of "Spillover" and "effect",and "influence" does not meet the realistic premise of "Spillover".The combination of adjustment scope and "Spillover" has both logical rationality and practical feasibility.Therefore,this research holds that the discussion field of "Spillover" of Party regulations should be limited to the adjustment scope.Secondly,analyze problems.The "Spillover" of the adjustment scope of Party regulations actually involves three levels of "theory / theory and practice / practice and system".First,whether the "Spillover" of the adjustment scope of Party regulations itself is legitimate.This paper holds that the legitimacy of the "Spillover" of the adjustment scope of Party regulations can be proved by theories of party power,party and government structure,interest measurement and authority acceptance.Secondly,whether the practice and theory of "Spillover" of the adjustment scope of Party regulations are consistent with each other.Through quantitative analysis,this paper locks the tension between practice and theory into three aspects: the breadth of "Spillover" needs to be clarified,the way of "Spillover" needs to be standardized and the strength of "Spillover" needs to be restricted.Thirdly,whether the "Spillover" of the adjustment scope of Party regulations has an impact on the current legal system.At present,the legal challenges caused by the adjustment scope of Party regulations can be summarized as three aspects: how to achieve "self integration" within the system,how to achieve "coordination" between systems,and how to achieve "consistency" outside the system.Finally,solve problems.In order to strengthen the legitimacy of the "Spillover" of the adjustment scope of Party regulations,eliminate the tension between practice and theory,and reduce its impact on the legal system,it is necessary to theoretically optimize the "Spillover" of the adjustment scope of Party regulations.Specifically,this regulation can be constructed from two aspects: basic principles and specific rules:first,clarify the basic principles such as the unification of legal system and the coordination of Party regulations and state laws to be followed by "Spillover".Secondly,according to the results of quantitative analysis,the objects of "Spillover" in the adjustment scope of Party regulations are divided into two types: public power subjects and private rights subjects.On this basis,the sliding rule of "Spillover" benchmark,"Spillover" mode and "Spillover" strength is constructed.Thirdly,the procedural control of "Spillover" is realized by raising the access threshold of "Spillover",strengthening the filing and review of "Spillover",and improving the post adjustment of "Spillover",so as to prevent improper "Spillover".