A Study On The Cohesion And Coordination Between Laws Of Community Party And National Laws In China

The fourth plenary session of the 18 th Communist Party of China(CPC)Central Committee has made important deployment on promoting improve the CPC's leadership in pushing forward rule of law,proposed that laws of CPC are important basis for the management and administration of the party as well as the powerful guarantee for building a socialist country ruled by law.It also stressed the need to pay attention to the cohesion and coordination between laws of CPC and national laws.As CPC is the ruling party in China,laws of CPC is the important basis of CPC`s leadership in pushing forward rule of law.Also,laws of CPC and national laws are playing important roles together in the national and social governance.From the current reality,as the two relatively independent components of the socialist legal system with Chinese characteristics,the role of laws of CPC and national laws are different and complementary.The laws of CPC embody the unity of the party's will,which are organized by the party to make specific,rely on Party discipline to ensure the implementation.National laws reflect the will of the country,which are formulated or approved by the national power to guarantee the implementation.They are different on subject,object,operation mechanism,safeguard way.After the enactment of some laws of CPC,we cannot find any relevant national laws and regulations,which will lead that laws of CPC and national laws can make a smooth cohesion and coordination,and even sometimes there will be contradictions and conflicts,seriously affecting the unity of the rule of law.In order to resolve the problem effectively and avoid the occurrence of conflicts,it is necessary to promote the effective cohesion and coordination between laws of CPC and national laws.This paper expounds the view that laws of CPC has the law attribute firstly from the perspective of law in broad sense,then put laws of CPC and national laws in a comparative perspective,summed up the relationship between the two from the current situation,the system and the adjusted content,combined with the laws of CPC since the lack of personal existence,try to put forward to way to cohesion and coordination between laws of CPC and national laws.I think,we should try best to distinguish the relation between laws of CPC and national laws,clarify the boundary of the two,keep strengthening and improving the legal system,establish a scientific and reasonable system of laws of CPC and enrich the national legal system,to make the goal of finding the way way to cohesion and coordination between laws of CPC and national laws,promote the rule of law in China construction continued to mature.