The Legitimacy Of The Party Rules Compared With Laws And The Limitation

The Fourth Plenary Session of the 18th Central Committee clearly stated that "the party rules are stricterthan the national laws." The "strictness" here is mainly manifested in the violation of party discipline is not necessarily an illegal act,but the illegal behavior must be a violation of party discipline,and party members must be subject to dual adjustments of party rules and state law.In terms of comparison between the party rules and the national law,the party regulations are smaller than the national law in terms of adjustment scope;the applicable objects of the party's laws and regulations are limited to the party members,and the national laws are applicable to all citizens;in terms of validity,the party rules and regulations Although stricter than national laws,national laws are higher than party rules.The strict requirements of party regulations on party members are determined by the nature of the party and the status of the ruling party.It is also an important reason for the party organization to maintain its advanced nature and keep its vitality forever.The main purpose of this paper's research is to demonstrate the legitimacy and limitation of the strictness of the rules of the party by the strict analysis of the rules of the party in the laws of the country.Let the masses and the party members fully understand the legitimacy and necessity of the party's regulations being stricter than the national law,accept and understand from the heart that the party rules are stricter than the provisions of the national law.This article mainly expounds that the party rules are stricter than the national law from the two aspects of the party's regulations on the restrictions on party members' rights and the increase of party members' obligations.First of all,this paper adopts the literature collection method to integrate the achievements of the predecessors and adopts comparative analysis and case analysis methods to prohibit the freedom of party members' beliefs,restrictions on freedom of speech,restrictions on personal freedom,restrictions on property rights,limitations on reputation,and privacy.A detailed analysis of these six aspects of the restriction of powers;secondly,this article lists the Party's obligations for party members to study than ordinary citizens,the vanguard model's obligations,the obligation of loyalty,the obligation to obey,the obligation to dedicate,the obligation to service,and the payment The eight-fold increase in the obligation of Party membership obligations,criticism,and self-criticism obligations elaborates in detail that Party rules are stricter than national laws and Party rules impose higher requirements on Party members in all aspects.In addition,this article discusses the legitimacy of party rules and strict national laws by combining special power relations theory,party autonomy theory,voluntary abandonment theory,identity and responsibility matching theory,and party standard theory.In the end,although the party rules are stricter than the national laws,due to the need to protect the rights and interests of party members and to comply with the essential development needs of things,party rules must be stricter than national laws must be within certain limits.On the procedure,the party rules strictly in accordance with the national law to meet the legitimate limits of the procedure;In practice,party rules must be strict with the law of the state to meet the limits of substantive justice.