Study On The Perfection Of CPC System Of Laws And Regulations

At the Fourth Plenary Session of the 18~thh CPC Central Committee,formation of a perfect“CPC System of Laws and Regulations”and integration of“CPC System of Laws and Regulations”into the“Socialist System of Laws with Chinese Characteristics”were required,since when construction of the“CPC System of Laws and Regulations”has been set as a major goal and key task for comprehensive progress of law-based national governance and various types of work by law.During construction of the CPC System of Laws and Regulations,we shall pay attention to completeness of the system and contents as well as scientificity of the ideas.Specifically,with the logic foundation of General Secretary Xi Jinping's“Thought of Socialist Rule of Law with Chinese Characteristics in the New Era”as the starting point,it is necessary to conduct theoretical discussion on relations between CPC Laws and Regulations and national laws,and solve the problem of inharmoniousness between them during formulation and implementation from the perspective of linkage and coordination between CPC Laws and Regulations and national laws.The research expects to guide and boost construction of CPC and national rule by law,and it mainly comprises the following parts:Firstly,basic issues of CPC Laws and Regulations are defined and explained.(1)Origins of“CPC Laws and Regulations”are discussed based on mapping of law and regulation systems mentioned in“Marxism-Leninism”literatures and evolution of“CPC Laws and Regulations”in CPC's development;“CPC Laws and Regulations”are defined;and definition in“generalized”and“narrowed”senses is suggested.(2)Based on introduction of concepts concerning CPC Laws and Regulations,it discusses connotations of the CPC System of Laws and Regulations and summarizes systematic development of CPC Laws and Regulations as well as their positive role played during construction of rule by law.(3)From perspectives such as“goals for rule by law”,“strict governance of CPC”and“socialist undertakings with Chinese characteristics”,it discusses the significance of linkage and coordination between CPC Laws and Regulations and national laws.Secondly,basic issues concerning linkage and coordination between CPC Laws and Regulations and national laws are analyzed.(1)It sets the legal orientation of CPC Laws and Regulations and analyzes their legal attributes,where the author deems CPC Laws and Regulations as a special“soft law”based on the perspective of law extension.(2)Differences and common points between them are compared and extracted.(3)As found by the author,problems such as undefined concepts of rule by law,vague legal orientation,inharmonious legislation courses and imperfect implementation mechanism exist during linkage and coordination between CPC Laws and Regulations and national laws.Finally,the author proposes countermeasures for specific problems concerning linkage and coordination between CPC Laws and Regulations and national laws.(1)The necessity in linkage and coordination between CPC Laws and Regulations and national laws is defined as they play a positive role in guarantee of goals of socialist rule by law,progress of strict governance of CPC and achievement of the Chinese dream of realizing the great rejuvenation of Chinese nation.(2)Based on combination of theories and practice as well as relevant knowledge accumulated,the author comes up with rational solutions for the problem of linkage and coordination between CPC Laws and Regulations and national laws aiming at problems proposed in the former chapter.As believed by the author,it is necessary to conduct scientific design of top-layer concepts and persist in basic principles of“laws prevail over regulations and regulations are stricter than laws”.Then,scientificity of legislation courses shall be strictly mastered,while all the links such as drafting and release cannot be neglected.(3)As for the imperfect mechanism of implementation and guarantee,the clearing mechanism shall be further defined,a notification mechanism allowing alteration and abolishment or a notification coordination mechanism shall be established,or another implementation platform can be set up.In addition,the author also recommends reform in the national supervision system and the joint-department cooperation for effective implementation and interaction of CPC Laws and Regulations and national laws as well as their linkage and coordination.