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The Study About The Interpretation Of Inner-party Rules Of Communist Party Of China Party

Posted on:2018-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhaoFull Text:PDF
GTID:2416330518482529Subject:Science of Law
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In 2013,the central committee of the party of China released the inner-party rules'work program for five years made by the central party.It emphasized that the whole party should be timely build a mechanism for interpretation and evaluation to ensure party' regulations coordinated.Although,the inner-party laws and regulations system in China has built a framework,it has not yet been established the interpretative system of inner-party legal.In order to change the present developmental situation,the inner-party legal interpretation system needs to overcome many obstacles.First of all,the theoretical basis of the inner-party laws' explanation still needs further researches.A,the overall academic define to explain the inner-party laws and regulations is not accurate enough,and it did not strictly distinguish measures for the implementation of rules,regulations,rules,and regulations.Many studies and discusses for the inner-party laws and regulations ignored this matter,and they treated all things as same as one so that a lot of applicable,surveillant problems appeared.B,as well as the development of the inner-party legal started relatively late,lawmakers didn't fully pay attention to the inner-party laws and regulations to explain,and a lot of theoretical analysis of the inner-party laws and regulations to explain used to use the patterns and ways of legal interpretation.Frankly speaking,it has improved the efficiency of the studies in related to interpretation of the inner-party laws and regulations,but it failed to get rid of side effects.Secondly,there are some practical problems in the inner-party laws and regulations to explain.A,the subject of the power and responsibility of the inner-party laws and regulations to explain is not clear.As is known to all,the party constitution is the supreme,and it is highly,generally abstract.At present,there is neither subject to explain nor authoritative explanations.Other subjects of the party regulations to explain under the constitution also do not be specified unless determined,excessive interpretation,even on disguised to make law.B,the definition of the party's legal interpretation object is not clear.It is not clear how to define the boundary of the object of the inner-party laws and regulations strictly and accurately.C,the principle and method of using by the inner-party laws and regulations to explain is not yet mature.A large number of inner-party laws and regulations to explain stiffly to use the principles and methods of legal interpretation,and are lack of innovation consciousness.That leads to obvious dependent of the development of our party legal interpretation.D,the interpreter is not good to the party regulations.Strictly speaking,the inner-party laws and regulations to explain still belongs to the party legislation,so lawmakers must follow a strict procedure.At present,it is not integrated in putting forward a requirement to explain,drafting explanation,reviewing the explanation and exhibiting the results to the public.These problems influence the effect of the party regulations' explanation.E,the party in the form of legal interpretation is not scientific.The name of the inner-party laws and regulations to explain mad,format chaos,and is lack of scientific planning.F,the party's legal interpretation effect needs to be clear.The effectiveness of the inner-party laws and regulations to explain is about the party's legal interpretation system function,and it is very important.It is necessary to suit the remedy to the case so that we can solve these problems of the inner-party laws and regulations to explain.In the aspect of theoretical basis,we should distinguish between body party rules and interpretation strictly,discriminate specific parts of the inner-party laws and regulations,follow the party characteristics explain,and demonstrate its particularity.In practice,on the one hand,we should explain the main body of the power and responsibility clearly,ensure the object of the inner-party laws and regulations to explain,explore its principle and method about the inner-party laws and regulations to explain,on the other hand,we should improve the interpreter of the inner-party laws and regulations,design interpretation of inner-party laws and regulations scientifically,and ensure the expected effect of the party rules and regulations.
Keywords/Search Tags:Inner-party laws and regulations, Interpretation system, Effectiveness, Form, Program
PDF Full Text Request
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