Research On Cohesion And Coordination Between The Inner Regulations Of The CPC And The National Laws

Although the Inner Regulations of the CPC and National Laws are two different concepts,there is also an obvious difference between the two,but they coexist in t the socialist system of laws with Chinese characteristics,and play an important role in the process of building the rule of law in China.The Communist Party of China as the ruling party,its internal regulations inevitably affect the social regulation and national governance.There are of great significance for promoting the Four-pronged Comprehensive Strategy to strengthen the construction of inner-party regulations system and to realize the harmonious unification of the inner-party regulations and national laws.Therefore,the fourth Plenary Session of the 18 th CPC Central Committee put forward propositions of paying attention to the convergence and coordination of the inner-party regulations and national laws.Under this background,the thesis adopted literature review,historical research,case study,inductive analysis and other methods,to research the convergence and coordination of the inner-party regulations and national laws,which the purpose is to sum up the experience and problems of the convergence and coordination of the inner-party regulations and national laws,to analyze the factors of blocking,and to put forward the corresponding improvement strategies in order to improve the party building and the construction of the rule of law in the country.Through research we found that,after years of unremitting efforts,the Party regulations and state laws generally maintain cohesion and coordination,but there are still some problems and shortcomings.Mainly in legislation,the layout of inner-party legislation lags behind,the drafting of the provisions of the law is vague,the requirements of the approval and publication are not strict enough;in detail,the party regulations and national laws are not clear,There is a gap between the two,or even conflicting;but also in the implementation of the way is not uniform.There are not only primarily due to external cause of unsound system and unclear legislative boundary,but also internal factors of misplaced cognition and poor docking channels.Combined with practical exploration,for the existing problems and obstacles,We believe that achieving the organic convergence and coordination of the Party regulations and state laws need to follow three Cardinal Principles,which are to uphold the leadership of the Party,the national law is higher than the Party regulations,Party regulations are stricter than national laws.To further clarify the limits of legislation,and improve their own system.That to scientifically layout and plan the party's legislation,standardize the drafting,approval and publication procedures,get the Party regulations and state laws to maintain cohesion and coordination in the formulation.In the content,it is necessary to pay attention to the enactment,amendment and repeal of the Party regulations,make the maturity party's regulations to be timely formulated into national laws.At the same time,we must strengthen the interpretation of the party's regulations,to bridge the gap on the applicable standards,establish and improve the coordination mechanism.