Research On The Party Regulation System Of The Communist Party Of China

The establishment of a socialist rule of law system with Chinese characteristics put forward by "Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law"in the Fourth Plenary Session of the 18th Central Committee,which contains the party regulation system of CPC(short of Communist Party of China),as one of five concepts.This brings the party regulation system to the level of rule of law construction in the country,and opens up a new research area for the law,as well as a theoretical basis.The party regulation system is one of the core research objects.It is of great importance to study the party regulation system for the construction of the CPC,and the rule of law establishment,both theoreticaly and practically.But at the present stage,jurists' study on the party regulations is not deep,and no comprehensive systematic research result on party regulations has been made,let alone the study on the party regulation system.Jurists have different views on the party regulation system's definition,contents and sections,and the practical department has different theory.The party regulation system is one kind of law system,which shares the common characteristics such as systematization,practicability and openness,and is made up of lateral aspect and the longitudinal aspect.According to the results of the research on party regulation system so far in the jurisprudential circle,there are varying degrees of shortcomings in the research of lateral aspect and the longitudinal aspect of the party regulation system.The shortcoming in the lateral aspect is that the standard of classification is not unified,and the standards are taken as making subject,precedence of effects or the name of the party regulations,but actually these three are unified.The theory of formal system of the party regulation must be introduced into the study of the lateral aspect of the party regulation system.According to the Regulations of the Communist Party of China on the Legislation of the Party,the formal system of the party regulation should be divided into four levels,which are the party constitution,guidelines,ordinance and articles,so as to study the making subjects,legislative authorities,precedence of effects,etc.The scholars'opinions on the longitudinal aspect of the party regulation system,namely the he departmental system of the party regulations,are sharply divided,and each opinion has advantages and shortages.The most common major problem of their opinions is that they took only one or a few elements into consideration when making the standard of division of the party regulations,leading that the system dose not correspond to the characteristics and operation mode of the party regulations,and that the system can not cover all of the party regulations,and that some departments contradict each other within the system,which finally threatens the systematicness and concordance of the system.Some do take many key elements into consideration in the classification,but the sets of some departments are not very reasonable,which needs further improvements.Therefor,the construction of the party,the leadership of the party,the work of the party,etc must be considered when classifying the party regulations,as well as building the party regulation system,and the logical relations between different departments must be considered at the seam time,so as to build a party regulation system made up of eight departments,which are the department of the party constitution and the related regulations,the department of the leadership and ruling of the CPC,the department of the organizational building,the department of work style construction,the department of the anti-corruption construction,the department of the ideological building,,the department of the party members and the rights of the party members,the department of the military regulations.