The Law-Oriented Construction Of The Inner-Party Regulation System

Inner-party regulations are not only the institutional phenomena and legal norms accompanying the construction and development of the CPC,but also the objective existence of history and reality.For a long time,the jurisprudential circle once thought inner-party regulations did not belong to laws under the influence of legal positivism and Vyshinsky’s legal paradigm.Therefore,they once ignored special legal norms,deriving from practice of building the rule of law.This fact leads that theory on inner-party regulations is far more behind its practical development.History and reality have repeatedly demonstrated that our country cannot do without national legal system,social legal system and inner-party regulation system in the process of advancing state governance and achieving good law and good governance.One after another inner-party regulations and corresponding regulatory documents are not simply superimposed and mechanically arranged in the inner-party regulation system.It should be a detailed,standard,logical,and systematical system.Inner-party regulation system has been passing through four stages:preliminary development stage,tortuous development stage,recovery and rapid development stage,and comprehensive development stage.Every stage has characteristics of their own times.It has been going to be more comprehensive as a whole.Perfect Inner-party regulation system is not only benefiting from boosting full and strict governance over the party,advancing modernization of governance within the party,but also from deeping the reform of the party and state institutions.Furthermore,it can exert an enormous influence on boosting modernization of governance capability.The law-oriented construction of the inner-party regulation system should adhere to some principles,such as the Party Constitution-oriented principle and the legal hierarchy pirnciple,the coordination principle between the inner-party regulations and the state laws,the principles of the systematical construction and emphasizing the key points,the principles of keeping pace with times and maintaining stability.And it expands from horizontal and vertical dimensions.There are two legal hierarchy systems in the vertical dimension.Both systems have similarities and differences.According to developing agencies,the inner-party regulation system is divided into various inner-party regulations which are enacted by the central organization of the CPC,the Central Commission for Discipline Inspection of the CPC and departments under the Party’s Central Committee and the State Council,the party committees of provincial-level administrative divisions,and the party committee of the municipal people’s government.The party committee of the municipal people’s government mentioned here is authorized implementation plan.And from high level to low level,the inner-party regulations are separated into party constitution,norm,regulation,rule,stipulation,measure,detail and regulatory documents based on the source of them.As to the horizontal dimension,from the aspect of the inner-party regulations departments,we can specifically divide the inner-party regulation system into organization regulations,leadership regulations,self-development regulations and supervision regulations.This systematical construction pattern solve some problems to a large extent,including indefinite structures,unclear functions and so on.But what needs to be pointed out is that this system cannot thoroughly reflect the construction of the inner-party regulations,as well as its unique features and status in the process of advancing state governance.To further promote the construction of the inner-party regulation system,supporting from the functionalism theory and the normalization theory in public laws and combining with general requirements about the 19th National Congress Report,we try to raise a construction pattern called "1+2+N" on the basis of existing inner-party regulations system.And specifically,the party constitution is the core,leadership regulations and development regulations are two main lines,and expand multiple specific content sections are on the two main lines.