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A Study On The Mechanism Of "Law-and-Discipline Convergence"

Posted on:2021-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhuFull Text:PDF
GTID:2416330602972779Subject:Constitutional law and administrative law
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In November 2017,the Standing Committee of the National People's Congress adopted a decision to push forward the pilot work of the state surveillance system reform across the country.In March 2018,the National Monitoring Committee was formally established after the adoption of the Amendment to the Constitution of the People's Republic of China and the Law on Supervision of the People's Republic of China at a meeting of the 13 th National People's Congress in March 2018.In the same year,the newly revised Disciplinary Regulations of the Communist Party of China were promulgated and implemented.In the fight against corruption,the convergence between Party discipline and state law has the support of a specific system.This series of measures is a new achievement of the Party in the new era of governance,and an important milestone for the country to realize the modernization of the governance system and ability of governance.In the complex governance environment,the operation of system convergence will inevitably encounter difficulties and some problems.At present,the reform enters the deep water area and realizes the effective connection between Party discipline and state law with the rule of law thinking is a hot spot of urgency and practice.This paper takes the mechanism of "Law-and-Discipline Convergence" as the research object under the background of supervision system reform,and analyzes the system arrangement of the application of party discipline and state law,and examines the judicial case from the perspective of practice,discusses the problems of the mechanism's own operation from the static and dynamic dimensions.Major reform should be based on the law,in order to better implement the institutional advantages of this mechanism,this paper from the perspective of system construction,for China's "Law-and-Discipline Convergence" mechanism to improve the proposal.In the overall structure,the bridging mechanism is studied and analyzed in three chapters:The first chapter discusses the basic principle of the mechanism of "Law-and-Discipline Convergence".Firstly,the concept and characteristics of the mechanism of "Law-and-Discipline Convergence" are expounded,secondly,the theoretical basis of constructing the mechanism of "Law-and-Discipline Convergence" is analyzed,and finally,the significance of constructing the mechanism of " Law-and-Discipline Convergence " is summarized.The second chapter analyzes the current situation and problems of the mechanism of "Law-and-Discipline Convergence".Firstly,from the aspect of judicial practice and the application of norms,the operating status of the mechanism of "Law-and-Discipline Convergence" is examined,secondly,the problems in the operation of the "Law-and-Discipline Convergence" mechanism are combed,and finally,the problems of the "Law-and-Discipline Convergence" mechanism are analyzed.The third chapter puts forward the system design of perfecting the mechanism of "Law-and-Discipline Convergence".Firstly,the basic principle of perfecting the mechanism of "Law-and-Discipline Convergence" is established,secondly,the path of perfecting the mechanism of "Law-and-Discipline Convergence" is analyzed,and finally,the idea of perfecting the guarantee mechanism of "discipline law convergence" is put forward.
Keywords/Search Tags:Discipline-and-Law Convergence, Convergence Mechanism, Party Discipline and State Law
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