The Route Of Rule Of Law To Coordinate The Relationship Between The Inner-party Laws And Regulations And The National Laws

According to The Decision of Central Committee of the Communist Party of China on Comprehensively Promoting Major Issues Relating to Lawful Governance of the Country,(hereinafter referred to as "the decision"),importance must be attached to the cohesion and coordination between party's rules and regulations and the state's laws that coexist in the practice of socialist rule of law which is a notable feature of the rule of law in China.Both being social norms applicable to different sectors,they have their own systems of rules featured with different characteristics.Therefore,combing the basic concepts and characteristics of the party's rules and regulations and the state's laws marks the first step towards the studying of the relationship hereof.There are differences and similarities between the party's rules and regulations and the state's laws.Unified in the system of socialist rule of law,they share a common economic foundation and are both the superstructures of the economic foundation during the primary stage of socialism.The shared economic foundation determines the basis of constitutional consistency inbetween.This consistency is reflected in the both demonstrating the basic principles of constitution and the activity principles of state's organs and institutions.The constitutional basis of the consistency between party's rules and regulationsand the state's laws lays a constitutional premise for investigating the relationship inbetween by one step.Through the practical investigation of the connection between them,the status quo of the relationship can be preliminarily combed.Generally speaking,this relationship is becoming increasingly steady in practice,but there are also problems,such as overlapping,conflict,vacancy,and the spillover of the effectiveness of party's rules and regulations.Judging from a theoretical and practical perspective,this paper reveals that the occurence of these problems can be attributed to the followings: the vague boundary of application between the party's rules and regulations and the state's laws,the imperfect system of party's rules and regulations,the lack of effective communication and coordination mechanism between the state's law-making and party's rule-making departments,the lack of evaluation mechanism after the implementation of the laws and regulations.Considering the author's practical working experience in the party's regulatory department and combing of the theory of the party's rules,it is believed by him that the handling of the above-mentioned relationship must be based on constitutional regulations and spirits,and adhere to the party's leadership and the principles of the supremacy and retention of the laws.Meanwhile,regarding the existing problems and reasons between party's rules and regulations and the state's laws,the building of legalization shall be proposed as followings: defining the boundary of application between the party's rules and regulations and the state's laws in a scientific way,constructing a self-consistent system of party's rules and regulations,establishing the legislative transformative mechanism for party rules and regulations,setting up the Linkage coordination mechanism between party rules and regulations and the state's laws,forming effectively operational evaluation mechanism for the implementation of laws and regulations.