Jurisprudence On Integration Of Party And Government Institutions

In early 2018,the 3rd Plenary Session of the 19th CPC Central Committee adopted a decision by the CPC Central Committee on deepening reform of Party and state institutions as well as a plan for the reform,indicating that after many reforms in government institutions,the rulers gradually expanded the targets of the reform to the party's organizational structure.More emphasis will be placed on the overall establishment of the party and the state institutions with integrated plans.This round of institutional reform began with the proposal for the 19th CPC National Congress report in 2017.The Party Central Committee proposed that ways should be explored to merge Party and government bodies with similar functions at the provincial,prefectural,and county levels or for them to work together as one office while keeping separate identities.This kind of merger or work together as one office is the integration of institutions.The main targets of integration are the Party's working organs and government departments,whose scope focuses on organizations with similar functions,especially those related to the business field,similar to the previous government's "super-ministry system reform".The long-term centralized administration of the Party in the ruling system and the establishment of counterparts have made the establishment of party and government institutions in our country highly homogenous,resulting in a situation in which the party and government agencies are linked or even confused in many roles and functions.This is the main reason why the party and government institutions need to reform.The reason of reforming the organization in a way that integrates rather than abolishing it is because the purpose of the reform is to strengthen the party's leadership and optimize the government's functions.The two systems of the party and government,such as the two wings of a bird,cannot be abolished.The coexistence of party and government institutions is objectively related to China's party and government system.There are two sets of power running system of constitutional power and party power in the political ecology of our country.The impact of the party's internal regulations on national laws cannot be underestimated.The evolution path of the party-government relationship after the reform and opening up has emerged from the beginning of the integration of the party and government to the separation of the party and government,and then to the organic combination of the party and government.The standardization of party-government relations has pointed out the direction of the development of party-government relations.It requires that in the form of the separation of party and government,to clarify the trajectory of the party's and the government's power to operate in form,in essence,to achieve the organic integration of party and government.It is necessary to maintain a certain distance between the party and government,but also to face the political facts and the requirements of the country's constitutional system.This normative orientation also guides the implementation path of the integration of party and government institutions,especially the standardization of substantive party-government relations,because the essence of governing party-government relations and institutional integration is the standardization and configuration of power.The best way to regulate power is to achieve mutual restraint and cooperation among powers.Specifically,it is to rationalize the three powers of decision-making power,executive power and supervision power.The party's work organs and government departments all use executive power as the main power,and do not involve improper connection between the three powers.Therefore,these two types of institutions are suitable for high integration.After the completion of the integration,the handling of party-government relations must pay special attention to the one-way relationship between party organizations and government agencies,ensure that the party-government system meets the constitutional requirements when exercising public power,and give full play to the role of party members in channeling internal relations.In respect of the internal leadership system,it must be recognized that there are many similarities between the collective responsibility system that implements the discussion system and the head responsibility system that emphasizes collective discussion.Both accountability systems are unified in the democratic centralism.In addition,reformers also need pay attention to the relationship between party and government institutions in the system of working together as one office.Generally speaking,the party organ should be the main factor,and in conjunction with the degree of integration,the decision whether the party group in government department can be left should be made to prevent the emergence of multiple leadership core contradictions within a highly integrated system of co-ordination.In terms of the relationship between the integrated party and government system and external related entities,the status quo of the isomorphism between the upper and lower levels may hinder the further implementation of the reform.To give local governments more authority to adjust to local conditions and simultaneously to promote reform at the upper and lower levels is the key to successful reforms.In addition,the respective dual jurisdictions of the party and government systems will be reorganized into four jurisdictions after integration,and the party committee will become the competent authority of the new institutions according to the rules of the party.In horizontal relations,the reforms will in essence strengthen the power and status of the new institution,and may result in the formation of unique sectorial interest for the new institution.This will require some balanced mechanisms to improve the relationship between the new institution and relevant party and government institutions at the same level.In short,the integration of party and government institutions involves multi-party values.While adhering to the leadership of the party,reformers must also pay attention to the compatible handling of relationship between the party and government systems in accordance with jurisprudence,and realize the constitutionality and legality of reform work and institutional operation.