Research On The Coordination And Convergence Of National Laws And Party Regulation

Party and state laws and regulations belong to different systems of regulatory regimes. Party objects to adjust regulations targeted at members and cadres, in the form of pluralism, reflects the party's will; and national law and subject to adjustment members comprises all members of society, including the logical structure rigorous, reflecting the will of the state. But the party and national laws and regulations are all important category of the rule of law, the rule of law in the current layout of the strategic thinking, the party's leadership, people are the masters and the organic unity of the rule of law naturally, the party's will and the will of the state is fundamentally the existence of consistency, which provides for the possibility of national laws and regulations within the party coordination and convergence, also determines the national laws or regulations within the party to play an effective role simply impossible without the other. From another perspective, consider the practical realities of the current governance of public funds of corruption, to effectively combat corruption is inseparable from two standardized systems effort with their respective advantages and effects. Therefore, the Party and regulations into national legal systems, national laws and regulations to achieve inner-party coordination and convergence is also very necessary. This paper attempts to corrupt public funds for the governance perspective, to explore the mechanisms of coordination and convergence of national laws and regulations within the party, both strive to achieve docking system provides a possibility of thinking.This paper is divided into three parts, namely:"the concept of governance and corruption provisions of public funds" and "corruption on governance of public funds and national laws and regulations of the party lack of coordination and convergence of performance and malpractice" and "Party and State regulations coordination and implementation of legal convergence "of three parts.The first part is about the concept of provision of public funds and control of corruption. In this section introduces the concept of corruption of public funds, respectively, for "corruption" and "public funds" for analysis and discussion of public funds reached a preliminary definition of corruption, that national public officials and abuse of public power or illegal use of public resources, illegal seek money for personal financial interests act; and then were in the Party rules and national law provisions on management of public funds and corruption of the sort of content characteristics are summarized. Party regulations mainly as follows:stylistic forms, issued widely and targeted the main features. National laws will reflect the rigorous and targeted institutional characteristics, follow the rule of law "assumptions-patterns of behavior-the legal consequences" of the logical structure.The second part is the analysis of the Party and state laws and regulations inadequate coordination and convergence of performance and drawbacks. After analysis, the party of national laws and regulations and the lack of coordination and convergence as follows:Related articles express loopholes, on the classification and extent of embezzlement of inconsistent content some of the provisions of the lag, the choice of applicable conflict; and the resulting major drawbacks as follows:governance is not conducive to synergies between corruption of public funds, is not conducive to the realization of both standardized and is not conducive to the organic unity of the Party's will and the will of the people.The third part is on the path to realize the Party and state laws and regulations of coordination and convergence. First, by clarifying the adjustment range, implement the spirit of the rule of law and to clarify the lines of authority so that both the coordination and convergence have the necessary basic conditions, two of the four mechanisms by constructing review mechanism, cleaning mechanism, explain the mechanism, the conversion mechanism, so that both coordinated and to converge. The whole formation process in the review mechanism, the need to review the mechanisms and regulations throughout the party, and before making the development should be carried out in three phases after a review of the legality and developed to ensure that the party can get a full range of effective regulations supervision. In the cleanup mechanism, we can make a special clean up the party statute regulations, the regulatory clean-up of the party normalization be fixed. In terms of interpretation mechanism may be in the framework of anti-corruption system, construct a mechanism to explain the norm to address the subject and explain the real problems of interpretation effectiveness. In terms of the conversion mechanism, we need to build a scientific and effective mechanism of conversion, will mature within the party statutory provisions into law, will mature into the national laws and regulations within the party.In terms of communication mechanisms, it needs to be normalized and institutionalized, both to achieve the development of their personnel departments often learn from the experience of other excellent system to achieve complementary and mutually beneficial effect; in actuality, may be to develop a special "communication Ordinance" or "consultations Ordinance" and build specialized communication agencies and improve the practicality and applicability of both.