A Study On The Constitutionality Review Of The Party's Internal Regulations

The constitutional review of party rules is a new proposition,but it is not a new one.The historical logic,theoretical logic and practical logic of China's political development show that China has two sets of parallel norms,namely the inner-party legal system and the national legal system,which were politically confirmed at the Fourth Plenary Session of the 18 th CPC Central Committee.It has a strong consistency with the national legal system,and together constitutes the normative connotation of the socialist rule of law,and has become a key part of comprehensively promoting the rule of law and the rule of law.The party's internal regulations and national laws have been unified in the constitutional logic,and formed a new growth point of the rule of law,providing an inexhaustible source of power for the development of the Chinese constitution in the new era.The 19th National Congress of the Communist Party of China clearly put forward the institutional arrangement of "promoting constitutional review work".This is a long-awaited political response to the legal profession and even the community.It marks that China's rule of law has entered the era of constitutional review..Incorporating the party's internal regulations into the scope of the constitution's "review" and establishing a constitutional review system for the party's internal laws and regulations is in line with the reality of the rule of law in China and meeting the needs of the development of the rule of law in the new era.Unlike the constitutional review at the traditional national level,the constitutional review of the party's internal regulations is a new proposition that takes into account the fact that the Chinese Communist Party is both a leading party and a ruling party.The party's leadership position determines that it is not possible to simply incorporate the party's internal regulations into the scope of constitutional review.The establishment of a constitutional review system at the party level is to regulate the party's ruling behavior,promote the rule of party leadership,and improve the party's leadershipstyle.Choose the right one.The constitutional review of the party's internal regulations is not only conducive to perfecting the party's leadership style,promoting the party's own construction,but also conducive to promoting democratic political construction,promoting the rule of law and promoting the implementation of the constitution.The provisions of the Party Rules and the National Law provide a normative basis for the review.The long-term work of the record review has accumulated rich practical experience for the constitutional review.The constitutional review at the national level also provides an institutional reference for the constitutional review of the party's internal laws..Based on the filing review of the party's internal laws and regulations,the subject of censorship is clearly defined,the scope of censorship is expanded,and the combination of active and passive censorship is adopted to standardize the treatment of the review results,so as to construct and improve the constitutional review system at the party level.