The Attributes And Perfect Research Of The Party's Internal Legal System

With the Fourth Plenary Session of the 18 th Central Committee,the party's internal laws and regulations are an integral part of the socialist rule of law system with Chinese characteristics,and the academic debate on the nature of the party's internal laws and regulations and its relationship with state law There is no end to it.The author aims to start from the attributes of the party's internal laws and regulations,and to demonstrate the difference and connection between it and the national law.From the perspective of soft law,it analyzes its social governance as a social autonomy,the inner-party governance and its systematization for the socialist rule of law with Chinese characteristics.The practical significance.Then it analyzes its existing problems and the necessity of perfection,and then perfects the party's internal legal system from four aspects: the content,formulation and implementation of the party's internal regulations and its relationship with the state law.Starting from the introduction of the basic concepts of the party's internal laws and regulations,this paper analyzes the broad concepts of the current party's internal laws and regulations and the narrow concept,and then analyzes the four basic characteristics of the party's internal laws and regulations,and facilitates intra-party discipline,intra-party policy,and party.The normative documents are differentiated to help us better clarify the connotation and extension of the party's internal regulations,and thus analyze the nature of the party's internal regulations.The current doctrines on the nature of the party's internal laws and regulations mainly include: "State law theory","soft law theory" and "policy theory" and other doctrines.Based on the basic characteristics and attributes of the party's internal regulations,the paper analyzes the theoretical basis and the shortcomings of the "national law theory" and "soft law theory",and then proposes the theoretical viewpoint of the "self-consistent theory" of the party's internal regulations.It analyzes the rationality of the legal attributes of the party's internal laws and regulations and the priority political attributes,and provides a theoretical basis for the party's internal legal system to become an integral part of the socialist rule of law system with Chinese characteristics.The party's internal legal system is an integral part of China's rule of law system,and it has an inseparable but ambiguous boundary with the national legal system.The author also clarifies the relationship between the two aspects from the relationship between the party's internal regulations and the state law,the difference in effectiveness,and the coordination between the two.Next,from the microscopic analysis of the role of the party's internal legal system to the public and party members,from a macroscopic demonstration of its role in promoting the rule of law in China,to provide a logical basis for the improvement of the party's internal regulations.In light of the relationship between the laws of the party and the state law,from the actual situation,the laws and regulations of the party mainly have problems in content,formulation,implementation,system and its inconsistency with the state law,and then put forward suggestions for perfection for the party.The internal legal system has played a theoretical foundation for the role of social self-regulation,thus contributing to the realization of the rule of law in China!...