Problems And Trends On The Development Of Relations Between Chinese Communist Party And Government After The Ruling Of Chinese Communist Party

The Party-government relationship is at core of our national leadership system. Researches on the Party-government relationship are of great significance in strengthening and improving the Party's leadership, deepening understandings of the law of ruling, and positively exploring paths to build a new-type Party-government relationship in the new situation. Based on the theoretical achievements made in the academic circle presented by the author, this thesis starts from the perspective of the institutional arrangements, and within the analytical framework of institution, analyzes existing problems on the Part-government relationship development and on its theoretical study after CPC became the ruling party, and thus summarizing the overall development trend of relations between the Party and the government. From the perspective of system performance, the author found out the real root causes and problems as well as institutional defects impacting the Party-government relationship.Triad Party-government relationship , party's arrogating to itself the role of Government, no separation between the Party work and the government work are major problems destructing the Party-government relationship. Besides, the power operation and supervision of the ruling party lacks an effective institutional structure and institutional arrangements with a self-innovation and self-adjustment mechanism ; multi-party cooperation does not have adequate construction procedures; and the establishment of inner-party and inter-party democracy is imperfect. These are principal problems with the Party-government relationship responding at the system level. To sum up, these problems exist in three main areas: the political system, inter-party relations and the cadre and personnel system.Due to the imperfect political system, the development of inter-party relations lack a normative political party law, and at present there is no specific law on political parties. However, there are great differences among the academic circle on the need for the legislation of a political party law. Of course, this is partly because our country's constitutional system is imperfect. If the legislation of political party law can't be perfectly matched with corresponding constitutional system and can't further improve the freedom of association, political party law legislation will lack its meaning, and there is no value for this end. One problem that should be solved by the legislation of a political part law is the legality of the ruling party's power and of participatory parties' management of state affairs to provide a legal basis for its security. That is to say, the legitimacy system of the Communist Party should be further consolidated and improved, while the rights of participatory parties need to be fully guaranteed. All political parties, in order to function well, should identify the location of their own.Overall, the relations of the contemporary Chinese inter-party leadership are harmonious, and the effectiveness of multi-party cooperation is remarkable. However, there are still some problems waiting to be solved in this area, and the most important one among them is how to balance the interactive relations between the "ruling party" and the "participatory parties".The cadre and personnel system is undergoing changes, and the biggest one is the training and selection of non-party cadres, which aims to gradually change the Chinese Communist cadre system with "pure" party members in it. This is an inevitable trend with the development of China's democratic politics, and also a wise choice to construct the democratic politics in our country.The Soviet Communism had been the learning model of China whether it was in the revolutionary period or the fairly long period after CPC's coming into power. Even for today, the harmful influences of the Soviet model are still affecting the development of the party-government relationship of China. Nevertheless, the historical contributions of this model are still very "meritorious ". The painful history of the Soviet Union's disintegration has told us: if the goals and missions of the organization have changed, then it can't match with its structure, and therefore the system and function of the part should have necessary adjustments. Also, "Luxembourg warning" tells us that after the proletariat laid hands on a lot of power, and if the highly centralized hierarchical organizational structure won't be changed for a long period under such circumstances, the Party and the country will be degenerated.The core issue of the Party-government relationship lies in power restrictions and supervisions, in particular, in the control and supervision of the ruling party's power. Chinese Communist Party has turned from a "revolutionary party" to the "ruling party". Under such circumstances, the historical legitimacy can not be settled once and for all. It is necessary to establish the legitimacy basis of the present time, and to make people the masters of the country. People are the solid foundation to entitle rights to the ruling power as power originates from rights and is given and bestowed by the people. This is the way the Communist party obtains the helm of state power on realistic basis. Although power is subject to rights, but such constraint is not "strong". Only the supervision between powers can make them more standardized, more transparent, and more effective.Constitutionalism is one of the most successful systems on the use of power supervision and constraint method, which is achieved by designing a system to restrict and regulate the exercise of power and improve the power performance of the operation. Although scholars have disputes on whether China has the constitutional basis and the conditions to implement constitutionalism, the inevitability of constitutional democracy can not be denied as the improvement and development of intra- party democracy and inter-party democracy is bound to help the constitutionalism of our country continue move forward the constitutionalism, and the legislation of a political party law and the legalization of power supervision will act as preludes to achieve constitutional democracy.