Study Of Legal Theory On "Double-requirement" System For Member Of China Communist Party

Since the reform and opening up,to crack down on corruption,to solve many difficulties in investigation process,our country has launched a special China special measures--"double-requirement".The law enforcement departments to exercise authority is not double,but China Communist Party Commission for Discipline Inspection and discipline inspection organs at all levels,which essentially shows"double" is not a judicial measures,but a party investigation measures.Double has made outstanding contributions to curb corruption in the party,a great deterrent to corruption within the party,the party to eliminate unhealthy tendencies.However,as the party's rules and regulations,the two rules and regulations,and the existing constitution and the provisions of the law,there are many conflicts,the academic circle for the legitimacy of the two rules and the constitution of the controversial.From the perspective of the use of the "double-requirement",with the current reality of China's national conditions,has a high practical,in the special theory of rights under the dual system has the legitimacy."Double-requirement" has its own unique conditions of use and form principle,but the conflict in personal freedom,property rights,freedom of communication,such as the right of relief and the constitution,and in the organs of state power allocation,the conflict also exists and the constitution.The source of the legitimacy of the principle of double to the constitution rather than the provisions of the constitution,although in line with the current constitutional system,but with the constitution as the core in accordance with the constitution,in accordance with the goal of building a socialist rule of constitutional ruling gap,so the double regulation should be improved.Based on the investigation of the foreign anti-corruption experience,perfect the anti-corruption legal system construction in line with China's national conditions;and improve communication and coordination mechanism between the double the investigation procedure and mechanism of relief system;the implementation of China's political system and supervision system reform,implementation of law and discipline,Party Discipline Inspection and supervision system of unified system,unified Commission for Discipline Inspection and supervision organs unified.