Research On The Relationship Between The Party's Internal Regulations And National Laws

The study of the relationship between the party ’s laws and the state law is an important aspect of the construction of the rule of law in our country.The term "party regulations" was first proposed by Chairman Mao during the War of Resistance Against Japan,and was clearly stated at the Fourth Plenary Session of the Eighteenth Central Committee.The relationship between the party’s laws and the state law can be traced back to the Soviet Union’s "party-state integration model" and the Western "separation of the party and state"."The party and state integration model" is the national legal system under the command of the party,the constitution,the law is subject to the inner-party laws and regulations;and "party separation mode" is the late development of the Western industrial revolution from a party-state relationship model,The law plays a leading role in regulating the state order.After the integration of capital modernization,the "separation model of the party and state" gradually tends to "national law centralism",that is,within a country to become the only social management tools,thus suppressing the application of social law and soft law;China’s reform and opening up Drawing on this model of the West,but due to lack of experience and the expectations of the law is too high,to our social governance to bring a series of litigation disputes.Soft law is influenced by the complexity of Western social problems and gradually evolved from national law,which often plays a role in areas where national hard law can not be taken into account.China will adhere to the "unified system of rule of law",that is,under the leadership of the party under the unified system of social rule of law,but in the process of legal construction,we will have to "party or law" problem plagued,we want It is clear that the law here is not a simple law,but a lofty social ideal.The first task of the party’s rule of law is to respect the party constitution.Only in this way can the state’s legal concept be set up.