Philosophical Thinking On The Inner-party Laws And Regulations Of The Communist Party Of China

Since the 18th National Congress of the CPC,the construction of inner-party laws and regulations has become the major issue in the construction of the Party,the nation and the socialist legal construction,and it is also an integral of the Sinicization of Marxism.The inner-party laws and regulations of the CPC are the rules and regulations formulated by the CPC to regulate inner-party affairs,the work of the party organization and the behaviors and activities of party members,including the allocation system of rights and obligations,the accountability system,the relief system and the supervision system.Inner-party laws and regulations are generated in accordance with the historical mission of the CPC and meet the needs of the people,which are the fundamental basis and realistic need for the comprehensive and strict governance of the party.It is a historical necessity for the CPC to make inner-party laws and regulations.However,there exists a controversy in academia about the essential attribute of inner-party regulations,that is,whether the inner-party regulations are laws or not.Starting from the rational nature of law,the author thinks that the inner-party regulations reflect the theoretical rationality and practical rationality of law,so the inner-party regulations of the CPC are laws.On the basis that the essential attribute of the inner-party regulations is law,this paper reflects on the following three aspects of the inner-party laws and regulations.The first is the nature of the inner-party laws and regulations.The characteristics of the inner-party regulations and the ruling status of the CPC determine that the inner-party regulations have the nature of combining soft law with hard law.The second is the function orientation of the inner-party regulations.The nature of "law",the nature of hard law and soft law,and the specific content of inner-party regulations determine that they have normative function,political function and social function.The third is the value orientation of inner-party regulations.The inner-party laws and regulations have the values of serving the people,the value of fairness and justice and the value of order.Finally,according to the function orientation and value orientation of inner-party laws and regulations,the paper analyzes the main problems existing in the current construction of inner-party laws and regulations and puts forward some suggestions for improvement.