Spillover Effect Of Inner-Party Regulations

"spillover effect of inner-party laws and regulations" is a brand-new concept.as a special legal phenomenon existing in the socialist society with Chinese characteristics,there is a lack of research results directly related to it in academia at present,and scholars in related fields in China seldom study it.most of the existing results carry out incidental research on the spillover of inner-party laws and regulations from the perspective of the relationship between party rules and national laws.the spillover effect of inner-party laws and regulations in this paper refers to that inner-party laws and regulations transcend specific boundaries,adjust state affairs and social affairs,and bind non-party organizations and non-party masses.Therefore,the inner-party laws and regulations are not only the code of conduct for party organizations and party members,but also the standard basis for related party-business relationship subjects to conduct activities.As the leading party and the ruling party,the communist party of China should play its leading and ruling role,not only by adjusting its own construction field,but also by adjusting its leading and ruling field.as an important basis for governing the party,the inner-party laws and regulations will inevitably expand its adjustment range from pure party affairs to state affairs,thus producing spillover effects.The overflow of inner-party laws and regulations has the characteristics of pluralism of overflowing objects,duality of overflowing attributes,extensiveness of overflowing fields,diversification of overflowing ways,expandability of overflowing effect and the like.The overflow of the inner-party laws and regulations is justified.China’s constitution and related laws have established the leading position of the party in national and social life.the social management function," policy right",derived from its leading position,and the need for the depth,breadth and strength of its adjustment make the overflow of the inner-party laws and regulations have its legitimacy.At the same time,the overflow of inner-party laws and regulations can strengthen the party’s own construction,improve the scientific level of party construction,strengthen the party’s leadership,realize the interaction between party rules and national laws,promote the country’s system construction,make up for the shortcomings of the legal system and improve the socialist legal system.There are still a series of legal problems in the overflow of inner-party laws.and regulations,such as the nonstandard expression of part of the overflowing inner-party laws and regulations,which undermines the authoritative letter of the party rules and regulations;The overflow boundary is vague,and the specific matters are unknown.Some areas overflow too much,occupying the applicable space of national laws;The lack of judicial applicability makes the right relief problematic.The cohesion of filing examination is disjointed,and the examination and supervision are insufficient.In order to solve the above legal problems,this paper puts forward the management mode of " negative list",and controls the spillover effect of inner-party laws and regulations in a constitutional way,so as to perfect the shortcomings existing in the overflow of inner-party laws and regulations in reality.