Research On The Cohesion And Coordination Between The Inner-Party Regulations And National Laws

The inner-Party regulations and national laws belong to different institutional systems.The Fourth Plenary Session of the 18~th CPC Central Committee officially incorporated the Party's internal regulations into the national Rule of Law system.During the process of promoting law-based governance,the 19~th National Congress of the Communist Party of China further emphasized cohesion and coordination between the inner-Party regulations and the national law,and integration of law-based governance of the country and rule-based governance of the Party.As the fundamental norms of inner-Party governance and state governance,it is imperative to seek for a cohesive and coordinated development of the inner-Party regulations and national laws.This is also the inherent requirement of building the Rule of Law in socialism with Chinese characteristics.This thesis starts from the scientific orientation of the inner-Party regulations,to discuss the cohesion and coordination between inner-Party regulations and national laws.Different from the"soft law"viewpoint towards inner-Party regulations adopted by most scholars at present,the author believes that as a special behavior norm,inner-Party regulations are social laws with“Soft Law”and policy attributes through analysis of the intention of the document in the context of current legal pluralism.And its concept is not equivalent to the concepts of the Party‘s proposition,the Party's discipline,and the Party's normative documents.There are also essential differences between the inner-Party regulations and national laws based on the subject of formulation,the structure,the scope of legal validity,and the coercive force.However,the two are not completely separated and excluded.They complement and support each other.This also lays down a cornerstone for exploring cohesion and coordination between them.Through research,it is found that the insufficient cohesion between the inner-Party regulations and national laws are manifested as follows:deviations exist in some legal content provisions,gaps exist in the continuation of the two,and some inner-Party regulations have spillover effects of their legal validity.Among them,it is prominent that the content of the cross-domain norms is inconsistent,some of the inner-Party regulations are out of date,which is not in accordance with the regulations identified by national laws,and the“Hard Law”tendency of the"Soft Law”due to joint issuance of documents from the Party and government.This thesis illustrates these phenomena by listing relevant provisions and making comparisons between the two.The reason for this uncoordinated phenomenon is that the inner-Party regulations have not fully met the systemic and normative requirements of the Rule of Law system.There are inadequate communication and coordination in the legislative process of the two major legislation systems.The interaction mechanism for review and the long-term clean-up mechanism both have room for improvement.Based on the above reasons,in the discussion of how to ensure cohesion and coordination between inner-Party regulations and national laws,this thesis starts from the concept of cohesion and coordination and the expected results,and clarifies the top-level design of the basic principles of cohesion and coordination of the two.Specifically,the author tries to discuss methods to enable cohesion and coordination of the two from the aspects of improving the degree of Rule of Law of inner-Party regulations,strengthening connection between the two in the process of legislation,internalization and transformation,and improving the mechanism of review and long-term clean-up mechanism.In doing so,the author discusses the realization of the cohesion and coordination between inner-Party regulations and national laws to promote the steady and rapid development of the Rule of Law system in China from the whole process of legislation prior to the event and post-event clean-up from,internal coordination of inner-Party regulations and the improvement of supporting mechanism.