Study On The Connection Of Party Regulations And National Laws

The connection of Party rules and national laws was a new topic proposed on the fourth plenary session of the 18 th Central Committee of the Chinese Communist Party,for which the premise was the clarification of the relationship in between.The explanation of the connotation,extension,origin and development and system of Party rules and national laws respectively was the ground work of the clarification of their relationship.Such relationship took on three forms,namely the relationship between Party rules and national laws under the mode of Party-state integration,the relationship between Party rules and national laws under national law centrism and the relationship between Party rules and national laws of Chinese characteristics.To better bring out the efficacy of the two,we need to realize their connection.The logical starting point of the connection between Party rules and national laws of Chinese characteristics was Xi Jinping’s ideology on socialist rule of law with Chinese characteristics in the new era,which adopted the jurisprudential construction behind as the emergence of the “soft law” theory and the appearance of the pluralistic governance mode,and the fundamental goal of realizing the value of “the rule of law for the people”.In the meantime,the connection of the two could be seen as a response to the practice of the rule of law.The integration of Party rules and national laws into the system of socialist rule of law with Chinese characteristics not only deeply agreed with the governance of the country,but also,and more importantly,contributed to the guarantee of the realization of the Communist Party’s governance according to law.The connection of Party rules and national laws adhered to the difference between the functions and effects of Party rules and national laws and the borders of their application as the baseline,so that we could ensure the coordination of the normative content and the consistency of the deployment of their utility.To achieve their connection,we shall first ensure the coordination of the regulation system within the Party itself;then strengthen the dynamic cooperation of Party rules and national laws.To safeguard the connection of the two,it was suggested that we should adopt the joint conference system to review Party rules,for which the highest basis shall be the Constitution and the reviewing method shall be the whole process of including constitutional review into the connection of Party rules and national laws.