A Study On The Procedural Clauses In The CPC Internal Regulations

Since the 18 th CPC National Congress,the CPC Central Committee has taken overall responsibility for the development of intra-Party regulations and systems,vigorously promoted the formulation of intra-Party regulations in various fields,and committed itself to forming an intra-Party regulations system with "scientific content,strict procedures,complete support and effective operation",among which "strict procedures" is one of the requirements for the construction of intra-Party regulations and systems.It is also an important starting point for institutionalizing,standardizing and proceduralizing Party work and Party building.The scientific and rigorous procedures in the intra-Party regulations reflect the CPC’s ability and level of governance and governance,and also have a profound impact on the modernization of the national governance system and capacity.At present,it is generally believed that the development of procedural norms in intra-party regulations lags behind substantive norms,but this point of view has not been fully demonstrated.What is the development status of the procedural norms of Intra-party regulations? What’s the problem? How to optimize and perfect? The author believes that it is necessary to start with the procedural clauses in the inner-party regulations,sort out the procedural clauses in the text of the inner-party regulations,analyze the content and characteristics of the procedural clauses,summarize the implementation and operation of the procedural clauses and the existing problems of the procedural clauses,and put forward suggestions on the optimization of the procedural clauses in the inner-party regulations by combining the functions and values of the inner-party regulations.Chapter one defines the related concepts of procedural clauses in intra-party regulations,and analyzes the content,characteristics and nature of procedural clauses in intra-party regulations.Firstly,it analyzes and compares the concepts related to intra-party regulations,intra-party regulations procedures and procedural clauses,analyzes and compares the current concepts pointing to "procedures of intra-Party regulations",defines the connotation and extension of the concept of "procedures of Intra-Party regulations" used in this paper,and determines the clauses in intra-Party regulations that can directly cause the initiation,promotion and termination of Party affairs procedures.All of them are procedural provisions in the internal party regulations studied in this paper.Secondly,on the basis of sorting out the procedural provisions in the intra-party regulations,it defines the specific content of the procedures in the activities of Party affairs,summarizes the contents of the intra-party regulations and procedures in the aspects of time,subject,behavior activities,methods and steps,and analyzes the specific presentation ways of the contents of the intra-party regulations and procedures in the activities of Party affairs.Thirdly,on the basis of static analysis of content and text,the characteristics of procedural clauses in intra-party regulations are summarized: procedural clauses are set around party affairs activities,providing guidance and guarantee for Party organizations and party members’ behavior activities;Procedural content and substantive content are integrated,procedures and entities work together to promote the operation of Party affairs activities;Procedural provisions have the characteristics of "fuzzy",and procedural executor has certain discretionary power.In different party affairs fields and in different party affairs,the development of procedural clauses is not balanced.Fourth,according to the content and nature of the procedural clauses in intra-party regulations,the procedural clauses are classified: first,the decision-making procedure,the implementation procedure and the supervision procedure;second,the compulsory procedure and the discretionary procedure;third,the internal procedure and the external procedure;fourth,the Party leadership procedure and the Party building procedure.Chapter two,from the perspective of the dynamic operation of the procedure,analyzes and discusses the implementation of the procedural provisions of the party regulations in the practice of party affairs.Based on the "1+4" framework of the Party’s rules and regulations system,this paper selects the Party’s election procedures,the relevant procedures of the Party’s leadership legislation,the selection and appointment procedures of Party and government leading cadres,and the Party’s disciplinary review procedures as samples to discuss the implementation of procedural provisions in the Party’s organizational regulations,the Party’s leadership regulations,the Party’s building regulations,and the Party’s supervision and guarantee regulations one by one.First of all,on the basis of the text of intra-party regulations,this paper sorts out the procedural provisions in Party affairs such as Party election,Party leadership legislation,cadre selection and appointment,and Party discipline review,and analyzes the specific content of the procedural provisions and the Party affairs work process formed according to the normative content.Secondly,it takes the contents of common practice,convention experience,typical cases or specific events in practice as the factual elements,and compares them with the procedural provisions in the text of intra-party regulations.By comparing the differences between norms and reality,it shows the implementation of procedural provisions in intra-party regulations.Finally,it summarizes the implementation status of procedural clauses in intra-party regulations.Through comparison,it can be found that procedural clauses in intra-Party regulations are few in number and scattered,and the content is more principled.Generally speaking,they are "thematic" provisions for key links in Party affairs,which fail to cover all procedures in Party affairs in practice.It is precisely because of the feature of the "thematic" standard,most of the procedural provisions have been well implemented in practice,of course,there are a few cases of violation of the procedural provisions.In the last section of this chapter,according to the actual operation of the procedural clauses in the inner-party regulations,it analyzes and summarizes the existing problems of procedural clauses in the inner-party regulations:first,the perfection of procedural clauses is not enough;Second,the content of procedural clauses is more principled;Third,the lack of effective program operation guarantee mechanism;Fourth,the sanctions mechanism for violating procedures is not perfect.Chapter three,under the theoretical framework of legal procedure,analyzes the particularity of intra-party regulations and their decisive influence on intra-party regulations and procedures,and summarizes the functions of intra-party regulations and procedures in the practice of governing the Party and the country.First of all,this paper summarizes the evolution process of legal procedure thought,and on the basis of analyzing many viewpoints of legal procedure researchers,summarizes the function of legal procedure from micro and macro perspectives,and further analyzes and discusses the functional elements of legal procedure,that is,the requirements of realizing the function of legal procedure on the composition structure and operation mechanism of the procedure.Secondly,the paper analyzes the particularity of intra-party regulations.Intra-party regulations have both political attribute and rule of law attribute,and focuses on the decisive influence of the nature and attribute of intra-party regulations on the intra-party regulations procedures.First,the behavior of party affairs constructs the structure and form of intra-party regulations procedures.Second,democratic centralism determines the underlying logic of the inner-party regulation procedure.Third,dual attributes lead the value orientation of the party’s regulations and procedures.Finally,the paper analyzes and summarizes the ideal functions of the party regulations and procedures: one is the micro-perspective,that is,the function of the procedures in specific party activities,such as participation,communication,differentiation,guidance,restriction of power abuse and protection of party members’ rights,and the other is the middle-perspective,from the leadership system of the Party,the procedure can maintain the leadership of the Party and improve the leadership level of the Party.From the aspect of the Party building system,the procedure is conducive to promoting the implementation of the party building system and improving the quality and efficiency of the Party building.The third is the macro perspective,that is,the function of intra-party regulations and procedures in national governance.Due procedure can provide legitimacy and rationality for the implementation and function of political power,and ensure that the Party’s collective leadership forms political consensus on the basis of collective thinking.Chapter four,on the basis of analyzing and mastering the static text and dynamic implementation status of procedural clauses in intra-party regulations,and combining with the functional value of intra-party regulations,puts forward specific measures to optimize and perfect procedural clauses.This paper discusses the optimization and perfection of procedural provisions of intra-party regulations from three aspects:formulation,implementation and accountability.First,in the optimization of the procedures for the formulation of intra-party regulations,we sorted out the text content of the procedures for the formulation of intra-Party regulations,clarified the direction for the optimization of the procedures,and proposed specific optimization measures in terms of improving the process and details of the procedures and expanding the breadth and depth of Party members’ participation.The second is the optimization of the implementation procedure of intra-party regulations.The implementation procedure of intra-Party regulations is the power operation procedure of the Party.According to the logic of decentralization of decision-making power,implementation power and supervision power,the implementation procedure of intra-Party regulations can be divided into three types: decision-making procedure,implementation procedure and supervision procedure.Make clear the optimization direction of the respective procedures,and put forward the optimization suggestions of the procedural provisions respectively.The third is to optimize the procedures for accountability of intra-party regulations,clarify the content of the procedures,focus on analyzing the methods and processes for accountability of intra-Party regulations,analyze and discuss the optimization direction of the procedures for accountability of intra-Party regulations from the political and legal attributes of intra-Party regulations.The first is to guide the political objectives of the Party;the second is to follow the general law of legal construction.Specific suggestions are put forward in four aspects:how to identify the effectiveness of activities violating rules and regulations,establishing and improving the procedure for investigating the responsibility for minor violations of rules and regulations,optimizing the examination and approval procedure for investigating the responsibility of intra-party regulations,and improving the procedure for protecting the rights of Party members.